IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 8216 of 2009(O) OS.357/2006 OF MUNSIFF'S COURT, PERUMBAVOOR PETITIONER: --------------- PENNAMMA THOMAS,W/O.THOMAS, CHERUVALLIL HOUSE, VADAYAMBADI KARA,IKKARANADU SOUTH VILLAGE, KUNNATHUNADU TALUK,PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENTS: --------------- 1. POULOSE,S/O.PURAVATH,KANNETH HOUSE, PANIKKUZHY KARA,PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK,PERUMBAVOOR, ERNAKULAM DISTRICT. 2. SAJI,S/O.POULOSE,KANNETH HOUSE, PANIKKUZHY KARA,PUTHENCRUZ VILLAGE, KUNNATHUNADU TALUK,PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.G.RAJAGOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 8216 OF 2009 O ------------------------------------------------------ Dated this the 3rd April, 2009 JUDGMENT The plaintiff in O.S.No.357 of 2006, on the file of the Munsiff's Court, Perumbavoor, is the writ petitioner. On the application filed by the petitioner, a Commissioner was appointed, who filed a report on 22.1.2009. The court below granted fifteen days' time to the parties for taking steps. The case was posted to 10.2.2009. On that day, the court below posted the case to 17.3.2009. On 4.3.2009, the writ petitioner filed I.A.No.688 of 2009 (Ext.P4) to set aside the Commissioner's report. On the same day, the petitioner filed I.A.No.687 of 2009 to advance the hearing of the case. The court below dismissed I.A.No.687 of 2009 on 6.3.2009, stating that the case was included in the list. 2. On 26.3.2009, when the Writ Petition came up for admission, the trial and disposal of the suit was stayed. It is submitted by the counsel appearing for the parties that the suit now stands posted to a date after the summer holidays. W.P.(C) NO.8216 OF 2009 :: 2 :: 3. The application filed by the petitioner as I.A.No.688 of 2009, to set aside or in the alternative, to remit the Commissioner's report is pending. The court below has not considered the same on the merits. Before the trial commences, it is necessary to consider that application. It cannot be said that there is undue delay on the part of the petitioner to file the application, since the Commissioner's report was filed on 22.1.2009 and I.A.No.688 of 2009 was filed on 4.3.2009. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The court below shall consider and dispose of I.A.No.688 of 2009 on the merits. b) The case shall be included for trial in the list only after disposal of I.A.No.688 of 2009. (K.T.SANKARAN) Judge ahz/