IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 6333 of 2008(D) -------------------------------------- OS.237/2006 of PRL.MUNSIFF, KASARAGOD .................... PETITIONERS: ------------------- 1. ABOOBACKER. 2. ABDULLA 3. SARIYA 4. KADEEJA. ALLA ARE CHILDREN OF ABBAS, RESIDING AT VALAMALE HOUSE, BADIADKA VILLAGE, KASARAGOD TALUK, P.O. PERADALA. BY ADV. SRI.K.G.GOURI SANKAR RAI RESPONDENTS: ----------------------- M. ABDUL RAHIMAN, S/O. HASSAINAR, RESIDING AT MADRASSA ROAD, VALAMALE IN BADIADKA VILLAGE, KASARAGOD TALUK, P.O.PERADALA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No. 6333 OF 2008 -------------------------- Dated this the 25th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred against the order of the Principal Munsiff, Kasaragod in I.A.No.1939/2007 in O.S.NO.237/2006. It is an application filed for remitting the Commissioner's plan and report. The learned counsel for the writ petitioner has taken me through Ext.P2 wherein he referred to the property comprised in 1498/1B and 1499/1A8B. I was also referred to the appendix of the said plan to show about the extent of those two survey numbers having 80 cents and 81 cents respectively which was proposed to be given to Muthu Hengsu, the wife of Mahabala Rai. He has also referred to paragraph 8 of his objection wherein it is stated that these documents are already available with the court which is produced as per I.A.No.1918/2007 and for a proper disposal of the matter marking of the property with respect to that document is a must. After reading the the learned Munsiff's order I find it has not been considered in that perceptive. W.P.(C) No.6333/2008 2 2. Therefore, I set aside the order passed by the learned Munsiff and direct him to consider the matter afresh in the light of the factors mentioned above, after hearing both sides and making it very clear that the final orders can only be passed after hearing the other side. The writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) ps