IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6974 of 2008(E) ------------------------------------- OS.226/2007 OF PRL.MUNSIFF COURT.,NEYYATTINKARA. .................... PETITIONER: ------------------- SATHYAN, S/O.DEVADASAN ALAPPATHIL HOUSE, CHERIYAKOLA PO, KUNNATHUKAL, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.SAJU. S.A. RESPONDENT: ---------------------- SUSEELA IQBAL, W/O.IQBAL, APT MANZHIL T.C.34/1181, NEAR AIRPART ROAD, PALKULANGARA SHANGUMUGHAM PO, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6974 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Neyyattinkara in I.A.970/08 in O.S.226/07. It was an application filed by the petitioner for issuance of a Commission to ascertain the market value and construction cost of a building. The suit is one with a prayer to set aside the document No.1962/05. The Court below held that inadequacy of consideration is not taken as a ground to challenge the validity of the document. The Court further held that the Commissioner will not be in a position to assess the market value of the property. I do not find any illegality in the order passed by the Court below and therefore the writ petition is dismissed. But I make it clear that if the writ petitioner herein prays for a short adjournment to proceed with the case it may be considered sympathetically and the Court may give him necessary accommodation to proceed with the trial. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-