IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8279 of 2008(I) ------------------------- OS.69/2008 of MUNSIFF COURT, THIRUVALLA .................... PETITIONER: ------------ NAZEER, S/O. HAZZA RAWTHER, PICHANATTU HOUSE, KOTTANGAL MURY, KOTTANGAL P.O., MALLAPPALLY TALUK, PATHANAMTHITTA. BY ADV. SRI.P.HARIDAS RESPONDENT: ------------- THRESSIAMMA, D/O. OUSEPH, THENGUMTHOTTATHIL HOUSE, KOTTANGAL MURY, KOTTANGAL P.O., MALLAPPALLY TALUK, PATHANAMTHITTA. BY ADV. SRI.LIJI.J.VADAKEDOM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 8279/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE IA NO.309/2008 IN OS NO.69/2008 FILED BY THE RESPONDENT BEFORE THE MUNSIFFS' COURT, THIRUVALLA. EXT.P2: COPY OF THE IA NO.573/2008 IN OS 69/2008 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, THIRUVALLA. EXT.P3: COPY OF THE PETITION IA NO.583/2008 IN OS 69/2008 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, THIRUVALLA. EXT.P4: COPY OF THE IA 582/2008 IN OS 69/2008 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, THIRUVALLA. /TRUE COPY/ P.A. TO JUDGE M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.8279 of 2008 ------------------------------------------- Dated this the 17th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the learned Munsiff to dispose of Exts. P2 to P4 before disposal of Ext.P1 application. Ext.P1 is an application filed for injunction by the plaintiff in the suit as I.A.No.309/08 in O.S.No.69/08. Ext.P2 is I.A.No.573/08 whereby a petition is filed to set aside the Commissioner's sketch and report. Ext.P3 is an application for the issuance of a fresh commission and Ext.P4 is an application to direct the court not to dispose of the injunction application before hearing the additional arguments on the injunction application. 2. At the time of hearing, I am informed that the court had issued an order of ex parte injunction. Now the defendant after entering appearance, wants certain particulars to be noted by the Commissioner. Therefore, the purpose will be served by directing the Commissioner to note the additional particulars which the defendant wants in support of their contention. That is why in Ext.P3 a prayer is made to appoint the very same WPC 8279/08 2 Commissioner for the said purpose. So, instead of setting aside the Commissioner's plan and report, the Commissioner’s report can be remitted to the same Commissioner with a prayer to note the particulars required to be noted by the defendant. Therefore, the writ petition is disposed of as follows: (i) The court below is directed to remit the Commissioner’s sketch and report and direct the Commissioner to note down the particulars required by the defendant. Needless to say, if the plaintiff wants, she can also ask for additional particulars to be noted by the Commissioner. (ii) In the light of these facts, I direct the court below to keep pending the matter till the Commissioner files the report. On receipt of the Commissioner's report after hearing both sides, the court may consider the entire matter and try to dispose of it at any rate before the court closes for summer holidays. (iii) By any chance, if the court is not able to pass an order finally, the court may after hearing both sides try to have an interim arrangement till the disposal of the matter. M.N.KRISHNAN, JUDGE csl