IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 OP(C).No. 2339 of 2011(O) ------------------------- OS NO.173/2009 OF MUNSIFF COURT, MUVATTUPUZHA PETITIONER (S): ------------------------------ BABU K LONAPPAN, AGED 50, S/O.LONAPPAN, KANDAMKULATHI HOUSE, KARUKUTTIKARA, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- UTHUPU KUNJU, S/O.UTHUPPU, PALAPURAM VEEDU, KAVUMKARA, MUVATTUPUZHA-686661. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2339/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF PLAINT IN OS NO.173/2009 DATED 25.3.2009 ON THE FILE OF MUNSIFF COURT, MUVATTUPUZHA EXT.P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN EXT.P1 DATED 16.9.2009 EXT.P3 A TRUE COPY OF THE IA NO.3484/2010 IN EXT.P1 SUIT DATED 8.12.2010 EXT.P4 A TRUE COPY OF THE APPLICATION FILED AS IA NO.860/2011 IN EXT.P1 SUIT DATED 19.2.2011 //TRUE COPY// P.A. TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2339 of 2011 -------------------------------------- Dated this the 20th day of July, 2011. JUDGMENT Defendant in O.S.No.173 of 2009 of the court of learned Munsiff, Muvattupuzha is the petitioner before me seeking a direction to the learned Munsiff to dispose of Ext.P4, application (I.A.No.860 of 2011) at the earliest and issue appropriate direction to the Advocate Commissioner concerning that, before the Advocate Commissioner executes the warrant issued to him. 2. Respondent filed a suit for fixation of boundary, putting up fence, etc. Respondent filed an application to appoint an Advocate Commissioner requesting that the disputed way may be measured as per the compromise in O.S.No.383 of 1969. Petitioner filed Ext.P4, I.A.No.860 of 2011 to direct the Advocate Commissioner to measure the property with reference to the documents of title of parties and survey records. Grievance of petitioner is that though learned Munsiff has appointed an Advocate Commissioner, I.A.No.860 of 2011 has not so far been disposed of . Hence this Original Petition. 3. Having heard learned counsel I am inclined to issue direction to the learned Munsiff. Resultantly this Original Petition is disposed of in the following lines: i. Learned Munsiff, Muvattupuzha is directed to dispose of I.A.No.860 of 2011 as early as possible as provided under law. OP(C) No.2339/2011 2 ii. It is directed that proceedings of the Advocate Commissioner shall stand in abeyance until learned Munsiff has disposed of I.A.No.860 of 2011. THOMAS P.JOSEPH, Judge. cks