IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 1148 of 2009(J) ------------------------------------------ OS.2711/2002 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: BABU, S/O. ARANGASSERY JOSE, ARANGASSERY HOUSE, PERAMANGALAM VILLAGE, DESOM THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.RANJITH XAVIER RESPONDENT: FRANCIS, S/O.ARANGASSERY VAREED, ARANGASSERY HOUSE, PERAMANGALAM VILLAGE, DESOM, THRISSUR TALUK, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.1148 of 2009 J -------------------------- JUDGMENT This writ petition has been filed by the plaintiff in O.S.No.2711/02 on the file of the Principal Munsiff's Court, Thrissur challenging Exhibit P13 order dismissing Exhibit P10 application (I.A.No.6692/07) filed by him for setting aside Exhibit P6 commission report and Exhibit P7 sketch and to give direction to the Commissioner to file fresh report and plan as per I.A.No.8445/03. The commission report was filed as early as on 11.6.2007. Exhibit P13 order was passed on 21.10.2008. No carbon copy of the said order was applied for. Consequently, an attested copy of the order so passed was obtained only on 1.1.2009 and this writ petition is filed on 9.1.2009 when the suit stands posted for trial in the special list to this day, namely on 12.1.2009. If at all the petitioner/plaintiff had any genuine grievance, he should have approached this Court obtaining a WPC 1148/09 2 carbon copy of the order passed on 21.10.2008 without waiting to move this writ petition when the suit is included in the special list for trial. 2. In the circumstances, I direct that the court below shall not dismiss the suit for want of a proper commission report if at all the court finds ultimately after trial that the commission report already filed does not enable a proper disposal of the case adjudging the contentions of the parties, but, shall then afford an opportunity to the petitioner/plaintiff to have the commission report remitted and to get down a fresh report. With the above directions, this writ petition is disposed of. 12th January, 2009 (K.P.Balachandran, Judge) tkv