IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 4533 of 2009(M) OS.227/2006 OF MUNSIFF'S COURT, MAVELIKKARA PETITIONER: --------------- SIVARAMAN PULIPRA VADAKKATHIL, PALLARIMANGALAM, THEKKEKARA, MAVELIKKARA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT: --------------- LEKSHMIKUTTY AMMA BHARATHIKUTTY AMMA KUNNEZHATHU VEEDU, PALLARIMANGALAM, THEKKEKKARA, MAVELIKKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 4533 OF 2009 M ------------------------------------------------------ Dated this the 13th February, 2009 JUDGMENT The petitioner is the first plaintiff in O.S.No.227 of 2006, on the file of the Court of the Munsiff of Mavelikkara. The suit was filed for injunction restraining the respondent from removing soil from the pond situated at the boundary of the property of the plaintiff. There is also a prayer for realisation of compensation for the loss sustained due to loss of lateral support. At the instance of the petitioner, an Advocate Commissioner was appointed. The Commissioner filed report. The petitioner filed an application for appointing a Commissioner to ascertain the extent of damage sustained due to the loss of lateral support. The Commissioner visited the property again and filed a report. The petitioner filed I.A.No.146 of 2009 to remit the Commissioner's report. The grievance of the petitioner is that without considering the application, the court below proceeded with the trial and has posted the case for judgment to 13.2.2009. 2. The first inspection by the Commissioner was on 5.7.2006. The second application for appointing a Commissioner was filed on 10.10.2007 and the Commissioner inspected the property on 20.3.2008. W.P.(C) NO. 4533 OF 2009 M :: 2 :: The application for remitting the Commissioner's report was filed on 17.1.2009. 3. The Registry was directed to verify whether I.A.No.146 of 2009 filed by the petitioner is pending. A report was obtained from the Munsiff's Court, Mavelikkara over phone that I.A.No.146 of 2009 is pending and that the case is posted to 13.2.2009 for judgment. At this stage, it is not proper to consider the prayer made by the petitioner in the Writ Petition. Accordingly, the Writ Petition is dismissed. However, dismissal of the Writ Petition would not stand in the way of the petitioner in taking appropriate contention in the appeal to be filed against the judgment, by the plaintiff or by the defendant, as the case may be. (K.T.SANKARAN) Judge ahz/