IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 OP(C).No. 1989 of 2011(O) ------------------------- OS.254/1991 of ADDL.MUNSIFF COURT,NEDUMANGAD .................... PETITIONERS ------------------------------- S.KRISHNAN CHETTIYAR,AALUVILA VEEDU, VATTAPPARA,KAZHUNADU MURI,KARAKULAM VILLAGE, THIRUVANANTHAPURAM,REP. BY HIS POWER OF ATTORNEY HOLDER RAMESH,S/O.KRISHNAN CHETTIYAR,NEYVELI LIGNITE CORPORATION QTRS.NO.59-C,BLOCK-7,NEYVELI, TAMILNADU STATE. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. S.C.JAYAKUMAR,P.B.NO.5258, R.O.W.I., MASCOT, SULTANATE OF OMAN. 2. KAMALAM, W/O.DHANAM, MARAYIL HOUSE, SEEMAVILA MUKKU, VENKODU, VATTAPPARA P.O., THIRUVANANTHAPURAM, PIN-695028. 3. L.SAROJAM, W/O.NESAMANI, JOYE VILASOM, CHENTHUPPURU, VATTAPPARA P.O., THIRUVANANTHAPURAM, PIN-695028. 4. M.C.GEORGE THARAKAN, VADAKKEDAM, OWNER OF ST.GEORGE AUTOMOBILES, MUKKAMBALAMOODU, VATTAPPARA P.O., THIRUVANANTHAPURAM, PIN-695028. 5. G.SHYLAJA, W/O.RAJAN, MALARVADI, VATTAPPARA P.O., THIRUVANANTHAPURAM, PIN-695028. 6. C.RAJAMMA, ALUVILA VEEDU, VATTAPPARA P.O., THIRUVANANTHAPURAM, PIN-695028. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1989 of 2011(O) PETITIONER'S EXTS: EXT.P1: COPY OF JUDGMENT IN OS NO.254/1991 OF THE ADDL.MUNSIFF COURT, NEDUMANGAD, TVM. EXT.P2: COPY OF JUDGMENT AS NO.360/1996 OF SUB COURT, NEDUMANGAD EXT.P3: COPY OF JUDGMENT IN SA NO.577/2000 OF THIS COURT EXT.P4: COPY OF ORDER IN CRP NO.3298/2001 OF THIS COURT EXT.P5: COPY OF RECORD OF PROCEEDINGS OF THE HON'BLE SUPREME COURT OF INDIA EXT.P6: COPY OF CASE STATUS OBTAINED FROM THE SUPREME COURT WEB SITE EXT.P7: COPY OF APPLICATION IA NO.2043/2011 IN OS NO.254/1991 FILED BY PETITIONER BEFORE THE ADDL.MUNSIFF COURT, NEDUMANGAD RESPONDENTS EXTS: NIL /TRUE COPY/ P.A TO JUDGE K.T.SANKARAN, J. --------------------------------- O.P(C)No.1989 OF 2011 --------------------------------- Dated this the 23rd day of June, 2011 JUDGMENT The petitioner is the plaintiff in O.S.No.254 of 1991 on the file of the Court of the Munsiff of Nedumangad. The suit was filed for fixation of boundary. The trial court decreed the suit as per Ext.P1 judgment and decree dated 31st January, 1994. The third defendant filed A.S.No.360 of 1996 before the Sub Court, Nedumangad challenging the judgment and decree of the trial court. The petitioner filed a memorandum of cross objection. The Appellate Court dismissed the appeal as well as the memorandum of cross objection as per Ext.P2 judgment dated 11th August, 1999. The third defendant filed S.A.No.577 of 2000, which was allowed as per Ext.P3 judgment dated 14.12.2010 and the suit was remanded to the trial court for fresh disposal. O.P(C)No.1989 OF 2011 2 2. The petitioner filed a Special Leave Petition before the Supreme Court(CC No.8251 of 2011). It is stated that there is delay in filing the Special Leave Petition and that the case before the Supreme Court is posted to 25.7.2011. 3. After remand, the trial court appointed a Commissioner to inspect the property. The Commissioner fixed the date of inspection on 30.5.2011. The petitioner sought postponement of the date of inspection. The Commissioner filed an interim report before the court stating that the plaintiff did not co- operate. The petitioner/plaintiff filed I.A.No.2043 of 2011 for adjournment of the case after 4.7.2011, to which the case before the Supreme Court was then listed. The order passed by the court below in I.A.No.2043 of 2011 is not produced. However, in the Original Petition, the petitioner has stated that the court below allowed I.A.No.2043 of 2011. But the court also directed the petitioner/plaintiff to co-operate with the Commissioner to execute the warrant for inspection. The Commissioner was also directed to complete the work and to file the report on or before 5.7.2011. O.P(C)No.1989 OF 2011 3 4. The reliefs prayed for in the Original Petition are the following: “i) To direct the Additional Munsiff Court, Nedumangad not to proceed with the O.S.No.254/1991 including the Proceedings and demarcation of the property by the Commissioner Advocate till a final decision is taken by the Hon'ble Supreme Court in the Special Leave Petition filed by the petitioner. ii) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 5. The pendency of the Special Leave Petition before the Supreme Court is not a ground to stop the inspection of the property by the Commissioner. It is true that pending disposal of a Special Leave Petition before the Supreme Court, normally, the suit may not be taken up for trial. But that is not a ground to stay all further proceedings and to direct the Commissioner not to inspect the property. Inspection by the Commissioner and filing of a report by him would not affect the rights of parties. The proceedings in the case can be completed and the case can be made ripe for trial, pending the disposal of Special Leave Petition in the Supreme Court. The view taken by the court O.P(C)No.1989 OF 2011 4 below is legal and proper. No interference is called for. The Original Petition is, accordingly, dismissed. K.T.SANKARAN, JUDGE. cms