IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4133 of 2008(P) ------------------------- OS.267/2006 of PRL.MUNSIFF, KASARAGOD .................... PETITIONERS: --------------------- 1. BALAKRISHNA SALIAN, 2. POOVAPPA SALIAN, BOTH ARE CHILDREN OF NARAYANA MOOLYA, RESIDING AT MUNNIPADY IN PAIVALIKE VILLAGE, KASARAGOD TALUK P.O.KURUDAPADAVU. BY ADV. SRI.K.G.GOURI SANKAR RAI RESPONDENT: ------------------------ KESHAVA BHAT, S/O.NARAYANA BHAT, RESIDING AT MUNDRAKAJEIN PAIVALIKE, PAIVALIKE VILLAGE, KASARAGOD TALUK, P.O.KURUDAPADAVU. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C)No.4133 OF 2008 ===================== Dated this the 5th day of February 2008 JUDGMENT This writ petition is preferred against the order of the Prl.Munsiff's Court, Kasargod in I.A.No.1876 of 2007 in O.S.No.267 of 2006. The said application is filed for setting aside the Commissioner's plan and report. A perusal of the order would reveal that the court did not entertain the application for the reason that no evidence had been let in in the matter. It is the imperative duty of the party to point out the grounds and prove the grounds which according to him would entitle him to get the plan and report set aside. Learned counsel would submit that if an opportunity is given, he will examine the Commissioner and produce other evidence to satisfy the conscience of the court. Therefore I set aside the order under challenge and direct the court below to reconsider I.A.No.1876/2007 after permitting both the parties to adduce evidence in support of their respective contentions. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/- CRPs 1918 & 1919/2003 -:2:-