IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 5290 of 2008(D) ------------------------------------ AGAINST THE ORDER DATED 18/01/2008 IN IA.1268/2007 IN OS.222/2005 OF MUNSIFF'S COURT, PALA .......................................... PETITIONERS: ------------------- 1. G.SREEKALA, SREEKALALAYAM, KURAVILANGADU. 2. G.SREEJA, SREEKALALAYAM, KURAVILANGADU. BY ADV. SRI.P.C.HARIDAS RESPONDENTS: ---------------------- 1. K.K.JOSEPH, VELLAI PARAMBIL, KURAVILANGADU. 2. JOHNY K.JOSEPH, VELLAIPARAMBIL, KURAVILANGAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.5290 OF 2008 -------------------------- Dated this the 14th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred against the order of the Munsiff, Pala in I.A.No.1268/2007 in O.S.No.222/2005. The grievance of the writ petitioner is that the court has not considered the materials available to pass an order and it is a non speaking order. A perusal of the order also would show that the learned Munsiff has not pin pointed the circumstances under which the report and plan was sought to be set aside and how it is not correct. A broad statement that he had gone through the evidence of the Commissioner and therefore there is no ground to set aside appears to be improper. This is a case where the petitioner has taken steps to examine the Commissioner and surveyor and inspite of the same the court has considered not in the manner which it requires to be considered. Setting aside of the Commissioner's plan and report is a serious matter in a civil dispute for the reason the result of the case in majority of the matters depends upon the result of the acceptance of such Commissioner's plan and W.P.(C) No.5290/2008 2 report. I feel instead of using the general word the court should have considered the points on which it was attacked and found whether it was right or not and arrived at a decision. Therefore, the order under challenge suffers from serious infirmity. Therefore, even without notice to the other side I set aside the order passed by the court and directing the court to consider the matter afresh, if necessary, after hearing both parties and pass a considered order, in accordance with law. The writ petition is disposed of accordingly. (M.N.KRISHNAN, JUDGE) ps