IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 28883 of 2008(L) -------------------------- AGAINST THE ORDER IN IA 882/06 IN OS.332/2005 of ADDL.MUNSIFF COURT,KOCHI .................... PETITIONER: --------------- XAVIER, S/O.VARUTHUKUTTY, AGED 66, PUNNAKKATTU HOUSE, NAYARAMBALAM VILLAGE KOCHI TALUK. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO SRI.S.SURAJ (KARUNAGAPPALLY) SMT.ANJU JAHAFER SMT.C.R.SOBHANA RESPONDENT: --------------- 1. SAROJINI, ANCHALASSERY HOUSE NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. 2. TREESA, KAROTHU HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. 3. M.O.GEORGE, MULLASSERY HOUSE NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. 4. BABY LONAPPAN, W/O.LONAPPAN, MENACHERY HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 28883 of 2008 ========================== Dated this the 30th day of September, 2008. JUDGMENT The petitioner who is the plaintiff in O.S. No. 332 of 2005 on the file of the Additional Munsiff's Court, Kochi which is a suit for recovery of possession on the strength of plaintiff's title, challenges Ext.P3 order passed by the Munsiff on 04.08.2008 dismissing finally I.A. No. 485 of 2007, which was the second application for the issue of a commission filed by the petitioner who was reported to be not co-operating with the commission. The learned Munsiff has found that in spite of specific directions, the petitioner has been taking a non co-operative attitude and he was virtually misusing the process of the court with a view to delay the matter. I see no reason to interfere with the discretion exercised by the lower court. This writ petition is accordingly dismissed. Dated this the 30th day of September, 2008. V. RAMKUMAR, JUDGE. rv