IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 30140 of 2008(K) -------------------------- OS.17/2008 of PRINCIPAL MUNSIFF COURT,ALAPPUZHA .................... PETITIONER:CR.PETITIONER:DEFENDANT: ----------------------------------------------------------------- E.V. GOPALAKRISHNAN NAIR, GURUKRIPA, PAZHAVEEDU.P.O, ALAPPUZHA. BY ADV. SRI.R.AZAD BABU RESPONDENT:PETITIONER:PLAINTIFF: ----------------------------------------------------------- AMBIKA DEVI, REPRESENTED BY HER POWER OF ATTORNEY - E.V. RAMANUJAN NAIR, NEDUMTHURUTHIL HOUSE, PAZHAVEEDU.P.O, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J -------------------------- W.P.(C) No. 30140 OF 2008 -------------------------------------------- Dated this the 14th day of October, 2008 J U D G M E N T This writ petition is preferred to set aside Ext. P5 order. By Ext. P5, the Munsiff Alappuzha has issued a Commission for identification of the property. The learned counsel for the writ petitioner would submit that there is an earlier document which covers the field and therefore the request in the commission application cannot be permitted. The plaintiff relies on a document to prove his title and he want to identify the property on the basis of the same. Whether that document can be legally looked into or not, is a matter which the court has to consider after evidence is over. If the defendants want measurement of the property on some other method they may file an application before the court. The Court may consider it separately and pass appropriate orders. With these observation the writ petition is dismissed. M.N. KRISHNAN, JUDGE vkm