IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17950 of 2009(O) -------------------------- OS.371/2008 of MUNSIFF'S COURT, KODUNGALLUR .................... PETITIONER(S): ------------------------- 1. VARGHESE, S/O.KACHAPPILLY SOURIAR, KAKKULISSERY VILLAGE, THANISSERY DESOM, MUKUNDAPURAM TALUK. 2. MARY, W/O.KACHAPPILLY VARGHESE, KAKKULISSERY VILLAGE, THANISSERY DESOM, MUKUNDAPURAM TALUK. BY ADVS. MR.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, MR.JAGAN GEORGE, MR.K.A.NOUSHAD, MR.P.G.PRAMOD. RESPONDENT(S): ---------------------------- PAUL, S/O.POTTEPARAMBIL THOMAS, KAKKULISSERY VILLAGE, THANISSERY DESOM, MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.17950 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 26th June, 2009 JUDGMENT Petitioners are the defendants in O.S.No.371/08 on the file of the Munsiff Court, Kodungallur. A commission application moved by the defendants filed as early as on 29.1.2009 has not been considered till date by the learned Munsiff is the grievance espoused by the petitioners in this Writ Petition invoking the supervisory jurisdiction vested by this court under Article 227 of the Constitution of India. It is the duty of the petitioners to bring to the notice of the court by moving an application, if found essential, that appointment of a commissioner is necessary to safeguard their interest and after moving such an application, if it is not considered by the learned Munsiff, they can approach this court for directions to have an expeditious disposal of the application. Without inviting the attention of the court, simply by filing a commission application before the court, no direction can be sought for, to be issued to the court, for its expeditious disposal. Reserving liberty of the petitioners to move afresh, if needed, after taking appropriate steps as indicated above, the Writ Petition is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE W.P.C.No. - 2 -