IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 OP(C).No. 3916 of 2011(O) ------------------------- OS.103/2010 of PRL.MUNSIFF COURT., KOCHI .................... PETITIONER: -------------------- JOSEPH, AGED 55 YEARS, S/O GEORGE, RESIDING AT ITHIPARAMBIL, KUMBALANGHI, KOCHI-7. BY ADV. SRI.SURESH JOSE RESPONDENTS: --------------- 1. ANTONY, AGED 40 YEARS, S/O GEORGE, RESIDING AT ITHIPARAMBIL, KUMBALANGHI, KOCHI-7. 2. BRIGIT GEORGE, AGED 70 YEARS, W/O GEORGE, RESIDING AT ITHIPARAMBIL, KUMBALANGHI, KOCHI-7. 3. MOHAMMED RAFIQ, WORKING AS ASSISTANT COMMISSIONER OF POLICE, KOCHI CITY (WEST), OFFICE OF THE ASSISTANT COMMISSIONER, MATTANCHERRY, KOCHI-2 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 3916 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE PLAINT IN O.S.NO. 103/2010 PENDING BEFORE THE PRINCIPAL MUNSIFF COURT, KOCHI. EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER AND 2ND RESPONDENT IN O.S. 103/2010 OF PRINCIPAL MUNSIFF'S COURT, KOCHI. EXT.P3 TRUE COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER IN O.S. 103/2010 OF PRINCIPAL MUNSIFF'S COURT, KOCHI. EXT.P4 TRUE COPY OF THE OBJECTION AGAINST THE COMMISSION REPORT IN O.S. 103/2010 OF PRINCIPAL MUNSIFF'S COURT, KOCHI. EXT.P5 TRUE COPY OF THE IA 2319/2011 IN O.S 103/2010 OF PRINCIPAL MUNSIFF'S COURT, KOCHI. EXT.P6 TRUE COPY OF THE LOCATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER,KUMBALANGI. RESPONDENTS' EXHIBITS : NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3916 of 2011 --------------------------------------- Dated this 01st day of December, 2011 JUDGMENT Petitioner is the first defendant in O.S.No.103 of 2010 of the Court of learned Principal Munsiff, Kochi. That is a suit filed by the first respondent against petitioner and respondents 2 and 3 for a decree for prohibitory injunction and fixation of northern boundary of the suit property. On the request of first respondent a survey commission was appointed. Commissioner submitted report and plan. After remission, Commissioner filed Ext.P3, report. Petitioner filed Ext.P5, application to set aside the report. He also filed certain other applications to advance hearing of the case and review the order posting the case for trial in the list. On I.A.No.2319 of 2011 to set aside the report, learned Munsiff observed that objection raised by petitioner could be considered at the time of evidence. That order is under challenge. 2. Learned counsel submits that it is necessary to set aside or remit the report to get further details as referred to in I.A.No.2319 of 2011. 3. I am told that the case is coming up for trial in the list on 02.12.2011. According to the learned counsel, the O.P(C).No.3916 of 2011 -: 2 :- applications are not considered. It is also the version of petitioner that learned Munsiff observed that request of petitioner could be considered at the time of evidence. If that be so, it is not necessary to interfere at this stage. This original petition is dismissed. (THOMAS P. JOSEPH, JUDGE) Sbna/-