IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 6004 of 2008(M) ------------------------- OS.53/2007 of II ADDL.M.C., ERNAKULAM .................... PETITIONER: ------------ SUNSHINE ABODES (PVT) LTD., 39/6669A, PANAMPILLY NAGAR, KOCHI-36, REPRESENTED BY ITS MANAGING DIRECTOR, SAJID.P.A. BY ADV. SRI.JOHN K.GEORGE RESPONDENT: ------------- SMT.SINDHU.M.C., KOTTUPARAMBIL HOUSE, NORTH JANATHA ROAD, PALARIVATTOM P.O. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/ 7/ 2008 , THE COURT ON 14/07/2008 DELIVERED THE FOLLOWING: APPENDIX Ext.P1:- Photo copy of the order dtd. 31.12.2007 Ext.P2:- Photo copy of the notice dated 18.2.2008. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.6004 OF 2008 =========================== Dated this the 14th day of July, 2008 JUDGMENT This petition is filed to quash the order passed by Munsiff, Ernakulam in O.S.53/2007 on 14.2.2008, whereunder assistance of Taluk Surveyor which was originally granted was withdrawn. Case of the petitioner is that for a proper adjudication of the dispute involved in the case identification of the property with the assistance of Taluk Surveyor is warranted and learned Munsiff was not justified in modifying earlier order. It is submitted that the order was passed only for the reason that the petitioner did not turn up. 2. As submitted by the learned counsel appearing for petitioner the order does not show why assistance of Taluk Surveyor which was allowed earlier was found not necessary later on. The only reason discernible from the order is that when W.P.(C)6004/2008 2 the case was called counsel for petitioner was not present. That is not a valid ground to modify the earlier order. It is more so when identification of the property is necessary for a proper adjudication of the disputes involved in the suit. In such circumstance, the order passed by learned Munsiff modifying the earlier order is quashed. Learned Munsiff is directed to instruct the Commissioner to inspect and identify the property with the assistance of the Taluk Surveyor and submit the report as expeditiously as possible. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006