IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 2132 of 2008(D) ------------------------- OS.106/1986 of ADDL.SUB COURT, ALAPPUZHA .................... PETITIONER: ------------ GLADIS JAMES (DOLLY) MARTIN DALE, VALIYATHOPPU, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENT: ----------------- SUSHY MARTIN,D/O.P.C.MARTIN INDIRA NAGAR, PLOT NO. 106 KALOOR,KOCHIN-17 BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 2132 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of January, 2008. J U D G M E N T This writ petition is filed against the order of the Subordinate Judge, Alappuzha in I.A.37/06 in O.S.106/86. By the said order the Court has held that exclusion of item No.5 will be decided after the availability of Commissioner's report. The Advocate Commissioner is hereby informed to prepare and file Commissioner report after including and excluding item No.5. This Court is not in a position to understand what the learned Subordinate Judge has meant by including and excluding item No.5. I therefore set aside the order passed by the Court below and remit back the matter to the same judge to write a considered order after considering the objections if any. Till a revised order is issued the Commissioner shall not inspect the property. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-