IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No.36745 of 2008 (Y) ---------------------------------- OS.330/2005 of MUNSIFF COURT, VARKALA .................... PETITIONER: --------------- KEDAKULAM CHERUKARA SREE SUBRAMANIA SWAMY KSHETHRAM, REPRESENTED BY ITS SECRETARY SAJEEV, S/O. NARAYANA PILLAI, CHERUKARA VEEDU, KEDAKULAM DESOM, AYIROOR VILLAGE, ELAKAMON. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT: ---------------- SULOCHANA AMMA, D/O. CHELLAPPAN NAIR, CHERUKARA VEEDU, KEDAKULAM DESOM, AYIROOR VILLAGE, ELAKAMON. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.36745 of 2008 ------------------------------------------------ Dated this the 12th day of December, 2008 JUDGMENT Petitioner is the first defendant in O.S.330/05 pending on the file of the Munsiff's Court, Varkala. His grievance is that application for the issue of a commission assisted by a surveyor was filed by the petitioner on 24/05/08 evidenced by Ext.P2, but that the court below has not passed any order thereon and that presently it stands posted to 18/12/08. He submits that ever after filing of the commission application there were posting of the suit on 03/07/08, 26/07/08 and 24/10/08, but still the court below has not passed any order on Ext.P2 commission application filed on 24/05/08. It does not appear that the petitioner was keen in getting an order on the commission application as he did not move any advance petition despite W. P. C. No.36745 of 2008 -2- adjourning of the case by more than one or two months and there is nothing on record to show that any request was made to the court below to have an order passed on Ext.P2 commission application. It is submitted that the suit is not hitherto listed. If at all the suit is not already listed as submitted by the counsel for the petitioner, I direct the court below to pass appropriate orders on Ext.P2 commission application filed on 24/05/08 on the next posting date of the case on 18/12/08. The petitioner who showed least interest in proper conduct of the suit hitherto is not entitled to get any further direction from this court to the commissioner if any who may be appointed, to submit commission report within a specified time or a direction to the court below to dispose of the suit within a limited time. Those prayers are rejected. W. P. C. No.36745 of 2008 -3- This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-