IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 26233 of 2009(O) -------------------------- AGAINST THE ORDER DATED 26 /06 /2009 IN IA.617/09 IN OS.102/2007 of SUB COURT, NEDUMANGAD .................... PETITIONER(S): --------------- MURALEEDHARAN PILLAI,S/O.GOPALAKRISHNAN NAIR, VAZHAPPALLIL VEEDU, CHITTOOR MURI, PANMANA, CHAVARA P.O., NOW AT MURALIKA, K.R.A.24-A,T.C.19/805(1), KASAVADEV ROAD, MUDAVANMUGHAL, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): RESPONDENTS -------------------------- 1. GOMATHI AMMA,D/O.RAJAMMA PILLAI, VAZHAPPALLIL VEEDU, CHITTOOR MURI, PANMANA, CHAVARA P.O. NOW AT VAZHAPPALLIL, KOLATHERY ROAD, PUNITHURA, PETTAH, ERNAKULAM 2. PRADEEP,S/O. RAMACHANDRAN PILLAI --DO- -DO- 3. PREETHAKUMARY,D/O. GOMATHY AMMA, MADHAVA NILAYAM, CHERUSSERY BHAGOM, CHAVARA P.O. 4. VELAYUDHAN CHETTIAR, S/O. PARAMESWARAN CHETTIAR, NAGARIKUNNU PUTHEN VEEDU, THEKKUMKARA MURI,NEDUMANGAD. 5. JAGADAMBAL, D/O.VELAYUDHAN CHETTIAR, 48/15-A,MALARANNOOR ROAD -2, KARAMANA, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.26233 of 2009 - O --------------------------------- Dated this the 18th day of September, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To issue a writ or certiorari or any other writ, order or directions to set aside Ext.P3 and to pass fresh orders on Ext.P2 application by allowing the same by way of appointing an advocate commissioner to conduct local inspection as prayed for in Ext.P2.” 2. Petitioner is the plaintiff in O.S.No.102 of 2007 on the file of the Sub Court, Nedumangad. Suit is one for partition and the respondents are the defendants. Petitioner/plaintiff wanted to take out an advocate commission to ascertain one of the items involved in the suit. That was objected to by the defendants by filing written objections. The learned Munsiff after hearing both sides dismissed the application for appointment of a commission moved by the petitioner/plaintiff vide Ext.P3 order. Propriety and correctness of that order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. W.P.(C).No. of 2009 - O 2 3. I heard the counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented with reference to Ext.P3 order I find no notice to the respondents is necessary and it is dispensed with. 4. Perusing Ext.P3 order, it is seen, the learned Munsiff has found that ascertaining the value of one or more items of plaint properties before determination of the legal rights of the parties to the suit property is not warranted at any rate before passing of a preliminary decree in the suit. I do not find any impropriety or illegality in Ext.P3 order passed by the learned Munsiff. Writ petition dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-