IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 3972 of 2010(O) ------------------------- OS.817/2007 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER(S): ----------------------- R. ANANTHAPPAN, AGED 56, S/O. RAMAN, PUNNATHUKALIL HOUSE, PATHIRAPPALLY VILLAGE, ALAPPUZHA. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENT(S): --------------------------- AYYAPPAN, AGED 65, KUPPAYATH VELIYIL HOUSE, KALAVOOR VILLAGE, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.3972 of 2010 = = = = = = = = = = = = = = Dated this the 9 th day of February, 2010 JUDGMENT The writ petitioner, who is the plaintiff in O.S.No.817/2007 on the file of the Principal Munsiff's Court, Alappuzha filed I.A.No.944 of 2009 before the court below to set aside the report and sketch prepared by the Advocate Commissioner. As per Ext.P3 order dated 7.01.2010, the learned Munsiff observed that since the suit itself was for fixation of boundary and the question of acceptability or otherwise of the report and plans can be decided only after the trial of the suit, the petition filed by the plaintiffs is kept in abeyance and further observed that it shall be taken up for consideration once again at the stage of trial. 2. I fail to see how the petitioner is aggrieved by the said order. The question as to whether the report and plan submitted by the Commissioner is erroneous or not can be decided only during the trial of the case and it is open to the W.P.(c)No.3972 of 2010 2 petitioner to summon the Commissioner and attempt to demonstrate that the report and plan are wrong to the extent objected to by him. Such right is presumably given to the petitioner by the learned Munsiff by postponing the consideration of the petition to the stage of trial. I therefore, do not find any good ground to interfere with Ext.P3 order passed by the learned Munsiff. This writ petition is accordingly dismissed. Dated this the 9th day of February, 2010. V. RAMKUMAR, JUDGE sj