IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WP(C).No. 2288 of 2008(V) ------------------------------------- OS.285/2006 OF PRINCIPAL SUB COURT,ERNAKULAM. .................... PETITIONER: ------------------- SOMASEKHARA PILLAI, S/O.VISWANATHA PILLAI, AGED 53 YEARS, KAYAMMADATHIL HOUSE, KILIKOLLOOR VILLAGE, ATTINGAL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.A.BALAGOPALAN, SRI.A.RAJAGOPALAN. RESPONDENTS: ----------------------- 1. SRI.C.UNNIKRISHNAN NAIR, S/O.CHELLAPPAN PILLAI, AGED 52, QUARTER NO.F-6, TCC MAIN COLONY, UDYOGAMANDAL P.O., ALUVA. 2. SRI.NASSEBUDDIN, S/O.V.M.ISMAIL, AGED 42, VARAPOTHU VEETTIL, CHELAKULAM KARA, VENGOLA P.O., PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2288 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of January, 2008. J U D G M E N T This writ petition is filed challenging the order of the Subordinate Judge, Ernakulam regarding the valuation of the property involved in the suit. The suit is for setting aside a document 2216/98 of SRO, Attingal. The plaintiff has shown the market value of the property at Rs.1,15,500/-. The price shown in the document is Rs.57,000/-. The learned counsel for the writ petitioner would submit that the property is very valuable and the valuation shown is not correct. It has to be stated that a very vague statement regarding the market value of the property is averred in paragraph 8 of the written statement. The Court below was fully conscious of the fact that it is the market value of the property as on the date of the suit that has to be ascertained. The Court found that the market value shown in the property is only Rs.57,000/- in the document and when the suit is instituted the plaintiff has shown the value at Rs.1,15,500/- which is 110% more than W.P.C 2288 OF 2008 -:2:- what is incorporated in the document. In the absence of any other materials to show what will be the approximate market value of the property I do not find any mistake committed by the Court below in accepting the valuation shown by the plaintiff. Therefore I do not propose to interfere with the decision rendered by the Court below and therefore the writ petition is dismissed. M.N. KRISHNAN, JUDGE. ul/-