IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 OP(C).No. 1903 of 2011(O) ------------------------------------- OS.NO. 390/2008 of MUNSIFF'S COURT, PATHANAMTHITTA .................... PETITIONER ------------------- SOSAMMA JACOB, W/O.LATE K.O.THOMAS, KUZHIKKAMTHADATHIL, KONNI MANGARAM MURI, KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SMT.S.K.DEVI SRI.SANTHOSH P.ABRAHAM RESPONDENT(S): ---------------------------- 1. G.PRADEEP NAIR, S/O.LATE GOVINDAN NAIR, SREERANGAM, ARUVAPPALAM, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT- 689 654. 2. ANITHA PRADEEP, W/O.PRADEEP KUMAR, SREERANGAM, ARUVAPPALAM, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT- 689 654. 3. SANTHA G.NAIR, W/O.LATE GOVINDAN NAIR, SREERANGAM, ARUVAPPALAM, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT- 689 654. 4. BIJI K.THOMAS, D/O.LATE K.O.THOMAS, KUZHIKKAMTHADATHIL, KONNI MANGARAM KONNI, PATHANAMTHITTA DISTRICT, PIN 689 658. R1 TO R3 BY ADV. SRI.G.UNNIKRISHNAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C).No. 1903 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF O.S.NO.390/2008 ON THE FILE OF MUNSIFF COURT, PATHANAMTHITTA P2 COPY OF THE I.A.NO.1805/2010 FILED BY THE PLAINTIFF IN O.S.NO.390/2008 ON THE FILE OF MUNSIFF COURT, PATHANAMTHITTA. P3 COPY OF THE COMMISSIONER'S REPORT DATED 10/3/2011. P4 COPY OF THE I.A.1215/2010 FILED BY THE PETITIONER IN O.S.NO.390/2008 ON THE FILE OF MUNSIFF COURT, PATHANAMTHITTA. P5 COPY OF THE I.A.1216/2010 FILED BY THE PETITIONER IN O.S.NO.390/2008 ON THE FILE OF MUNSIFF COURT, PATHANAMTHITTA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1903 of 2011 -------------------------------------- Dated this the 10th day of October, 2011. JUDGMENT Additional plaintiff in O.S. No.390 of 2008 of the court of learned Munsiff, Pathanamthitta seeks a direction to the learned Munsiff to dispose of I.A.No.1215 of 2011 to remit the report of Advocate Commissioner before starting trial of the case. The deceased husband of petitioner filed the suit for declaration of title, rectification of sale deed executed by him in favour of respondents 1 to 3 and for prohibitory injunction. Vide order on Ext.P2, application the Advocate Commissioner submitted Ext.P3, report. While so, the husband of petitioner (original plaintiff) died and petitioner and additional 4th respondent were impleaded as legal representatives on 28.03.2011. The case was listed for trial on 18.06.2011. In the meantime, petitioner and 4th respondent filed I.A.No.1214 of 2011 to advance hearing of the case, I.A.No.1216 of 2011 to remove the case from the list and I.A.No.1215 of 2011 to remit report of the Advocate Commissioner. Grievance of petitioner is that though hearing of the case was advanced, learned Munsiff posted I.A.Nos.1215 and 1216 of 2011 along with the suit on 18.06.2011. OP(C)No.1903/2011 2 2. This Court on 16.06.2011 ordered that trial of the suit shall stand stayed for a period of one month. Learned counsel submits that before trial of the suit commences, I.A.No.1215 of 2011 (to remit the report of Advocate Commissioner) is to be disposed of. 3. Since the prayer in the suit is for declaration of title and for rectification of the sale deed it is only proper that the learned Munsiff disposes of I.A.No.1215 of 2011 before starting trial of the case. Resultantly this Original Petition is disposed of directing learned Munsiff, Pathanamthitta to dispose of I.A.No.1215 of 2011 in O.S.No.390 of 2008 (to remit the report of Advocate Commissioner) before trial of the case commences, as provided under law. THOMAS P.JOSEPH, Judge. cks