IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 25TH MAY 2007 / 4TH JYAISHTA 1929 WP(C).No. 31895 of 2004(V) -------------------------- AGAINST THE ORDER DATED 10/09/2004 IN IA.1582/04 IN OS.47/1998 of MUNSIF COURT, KUTHUPARAMBA .................... PETITIONERS: -------------- 1. CHERUVARI VIMALA, D/O. NARAYANI, RESIDING AT `BOBBY NIVAS', KOTTAYAM AMSOM AND DESOM, THALASSERY TALUK, P.O. POOKODE KANNUR DISTRICT. 2. CHERUVARI SOUMINI, D/O. NARAYANI, DEAF AND DUMB BY BIRTH THROUGH THE NEXT FRIEND SISTER CHERUVANI VIMALA, RESIDING AT `BOBBY NIVAS' KOTTAYAM AMSOM AND DESOM THALASSERRY TALUK, P.O. POOKODE,KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. CHERUVARI PADMINI, D/O. NARAYANI RETD.TEACHER, RESIDING AT EDATHIL HOUSE, MANANTHERI AMSOM, CHITTARIPARAMBA DESOM THALASSERRY TALUK, P.O. CHITTARIPARAMBA, KANNUR DISTRICT. 2. CHERUVARI VIJAYAN, S/O. NARAYANI, RESIDING AT `SOURMYA' KOTTAYAM AMDOM AND DESOM, THALASSERRY TALUK, KANNUR DISTRICT. 3. CHERUVARI VISWANATHAN, S/O. NARAYANI, TECHNICIAN IN GOVERNMENT SERVICE RESIDING AT `USHAS', KOTTAYAM AMSOM AND DESOM, THALASSERRY TALUK, P.O. POOKODE, KANNUR DISTRICT. R2 BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL R1 & R3 BY ADV.SRI.R.SURENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 31895 OF 2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER DT.10.09.04 PASSED BY THE LEARNED MUNSIFF, KUTHUPARAMBA. EXT.P2 : TRUE COPY OF THE PLAINT IN OS NO.47 OF 1998 ON THE FILE OF THE MUNSIFF COURT, KUTHUPARAMBA. PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 31895 OF 2004 ----------------------------------- Dated this the 25th day of May, 2007 JUDGMENT The plaintiff impugns the order passed by the Trial court, on an application for remitting the second plan and report of the Commissioner, dismissing the application. Notwithstanding the very persuasive submissions of Sri.Kaleeswaram Raj, learned counsel for the petitioner, I am unable to agree with him when he says that the impugned order is so wholly unreasonable as to warrant correction under the supervisory jurisdiction of this Court under Article 227 which is visitorial in nature and it is not expected to be invoked in each and every case. The suit I gather is for cancellation of certain documents on the ground of fraud and mis-representation and also for partition. Mr.Ray would submit that a report regarding the extent actually covered by impugned documents will be of much relevance and assistance to the Court in taking a correct decision as to whether the documents ought to be set aside. In other words the argument is that the circumstance that the documents do not take in the properties actually available will be of considerable moment and will go a long way towards establishing the petitioners' case that the documents are bad on the ground raised in the plaint. But as already indicated, the concern of this Court in WPC No.31895/2004 2 proceedings under Article 227 is to consider whether the order of the court below can be said to be wholly unreasonable. According to me the order will certainly stand the scrutiny of this Court under Article 227. As for the grievance of the petitioners, even as I confirm the impugned order,I make it clear that the petitioner will have the liberty of adducing whatever legal evidence at his command preferably documentary evidence which will substantiate his contention regarding the extent. If the court below comes to be convinced regarding the petitioners case about extent on the basis of such evidence, this judgment will not stand in the way of court below entertaining another application for commission in future. 2. The learned Munsiff will make every endeavour to have an early disposal of the suit and will at any rate dispose of the suit within six months of receiving copy of this judgment. The Writ Petition is disposed of as above. No costs. PIUS C. KURIAKOSE, JUDGE btt WPC No.31895/2004 3