IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7467 of 2008(L) ------------------------- AGAINST THE ORDER IN IA 9374/07 IN OS.2772/2003 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: ------------ SELEENAMMA, W/O. KURIAN, PANACKAL HOUSE, KANIYANKUZHI DESOM, PANANCHERI VILLAGE, TRICHUR TALUK. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT: ------------- ROSSY, W/O. RAJU, MAMBAZHATTHUNDIYIL, KANIYANKUZHI DESOM, PANANCHERI VILLAGE, TRICHUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------- W.P.(C)No.7467 OF 2008 ----------------------------- DATED THIS THE 4TH DAY OF MARCH, 2008 J U D G M E N T This writ petition is filed with a prayer to direct the Munsiff Court, Thrissur to dispose of I.A.No.9374/07 in O.S.No.2777/03 before proceeding with the trial. The said application is one for setting aside the commissioner's plan and report. It is submitted that the Court has posted it along with the suit. It may not be proper and consider that application along with the suit for the reason that if the plan and report are set aside, a fresh commission may have to be issued and in that case the Court may not be able to proceed with the suit. Therefore, there is considerable force in the contention of the counsel for the petitioner. Therefore, I direct the Munsiff Court, Thrissur to dispose of I.A.No.9374/07 before proceeding to commence the trial of the case and can proceed with the trial only after the disposal of the same. Needless to say, the writ petitioner shall be given opportunity to adduce evidence in the application for setting aside the commissioner's plan and report. The writ petition is disposed of as above. M.N.KRISHNAN, JUDGE. dsn