IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29248 of 2008(F) -------------------------- OS.744/1985 of I ADDL.MUNSIFF COURT,TRIVANDRUM .................... PETITIONER(S): --------------- B.REMADEVI, W/O.KUTTAPPAN NAIR, AGED 57 YEARS, KEEZHMUNNAMKOTTU HOUSE, PEYAD, VILAPPIL, THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): --------------- 1. C.SATHIDEVI AMMA, GOPI NIVAS, BALARAMAPURAM. 2. JAYAKUMARI AMMA, GOPI NIVAS, BALARAMAPURAM. 3. V.K.NEELAKANTAN NAIR, RONINI, BALARAMAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR ...................................... W.P.(C) No. 29248 of 2008 ....................................... DATED: 7TH DAY OF OCTOBER 2008 ORDER Petitioner is the plaintiff in O.S. No. 744 of 1985 on the file of the I Addl. Munsiff's Court, Thiruvananthapuram. Pursuant to a remand of the case by the Sub Court, Thiruvananthapuram in A.S. 21 of 1995 the petitioner filed an application for issue of a fresh commission which was allowed. Thereafter noticing that even before that the surveyor who had prepared Ext.C1 (a ) plan has been examined in view of the remand order produced as Ext.P2 here, the petitioner filed I.A. 4436 of 2008 to review the earlier order appointing Commission. The said application has been dismissed without hearing both sides since the advocates were on boycott. In the fitness of things, I consider it necessary to remit I.A. 4436 of 2008 back to the court below for fresh disposal. 2. Accordingly, Ext.P9 order dated 17-7-2008 is set aside and the court below is directed to dispose of I.A. 4436 of 2008 expeditiously after hearing both sides. In view of the above W.P.C. 29248 of 2008 -:2:- direction notice to the respondents is dispensed with since they also will be heard by the court below while disposing of I.A. 4436 of 2008. V. Ramkumar, Judge