IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 OP(C).No. 4188 of 2011(O) ------------------------- AS.131/2010 of ADDL.DISTRICT COURT-I,MAVELIKKARA .................... PETITIONER ----------------- 1. SASIDHARAN PILLAI, S/O RAMAKRISHNA PILLAI RESIDING AT SWATHI, PUTHUPPALLY THEKKUMMURI PUTHUPPALLY VILLAGE, KAYAMKULAM. BY ADVS. SRI.R.RAJASEKHARAN PILLAI SRI.R.SREEDHARAN NAIR SMT.SABINA JAYAN SMT.MINI.V.A. RESPONDENTS: ---------------------- 1. MANIYAMMA W/O AYYAPPAN PILLAI, RESIDING AT JYOTHIS, PUTHUPPALLY VILLAGE, KAYAMKULAM, PUTHUPPALLY, PIN - 686 011. 2. JYOTHI, D/O MANIYAMMA , RESIDING AT JYOTHIS, PUTHUPPALLY VILLAGE, KAYAMKULAM, PUTHUPPALLY, PIN - 686 011. 3. VENUGOPALA KURUP, S/O ACHUTHA KURUP, RESIDING AT JYOTHIS, PUTHUPPALLY VILLAGE, KAYAMKULAM, PUTHUPPALLY, PIN - 686 011. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM OPC NO. 4188 OF 2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGEMENT DT. 29.6.2010 IN OS NO. 94/2008 OF THE MUNSIFF COURT KAYAMKULAM P2: COPY OF APPEAL MEMORANDUM 131/2010 BEFORE THE ADDITIONAL DISTRICT COURT MAVELIKARA P3: COPY OF THE IA NO. 927/2010 IN AS NO. 131/2010 EFORE THE ADDITIONAL DISTRICT COURT MAVELIKARA P4: COPY OF THE EARLY HEARING PETITION SUBMITTED BY THE PETITIONER IN AS NO. 131/2010 BEFORE THE ADDITIONAL DISTRICT COURT MAVELIKARA. RESPONDENT'S EXHIBITS: NIL \\ TRUE COPY\\ PA TO JUDGE JM THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4188 of 2011 -------------------------------------- Dated this the 20th day of December, 2011. JUDGMENT Petitioner is the appellant in A.S.No.131 of 2010 of the court of learned Additional District Judge-I, Mavelikkara. That appeal arises from the judgment and decree against petitioner in O.S.No.394 of 2008 of the court of learned Munsiff, Kayamkulam. The decree restrains petitioner from discharging water through the property of respondents. In that appeal, petitioner filed I.A.No.927 of 2010 for an interim order to direct respondents permit him discharge water through their property. Petitioner also filed Ext.P5, application to appoint an Advocate Commissioner to inspect the suit property and report on matters referred therein. Grievance of petitioner is that Ext.P5, application now stands adjourned on 04.02.2012. Learned counsel submits that on account of the decree petitioner is suffering much difficulties. 2. Since the attempt of petitioner through Ext.P5, application is to collect additional evidence in the appeal, that application has to be disposed of along with the appeal itself (see Malayalam Plantations Ltd. v. State of Kerala – 2010 (4) KLT 647). Hence there could be no direction for early disposal of Ext.P5, application keeping the appeal pending. At the same time grievance of the petitioner has to be considered. OP(C)No.4188/2011 2 3. Having regard to the circumstances stated, learned Additional District Judge-I, Mavelikkara is directed to dispose of the appeal and the application (Ext.P5) for commission as early as possible and as provided under law. With the above direction this Original Petition is disposed of. THOMAS P.JOSEPH, Judge. cks