IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 6076 of 2009(O) ------------------------------------- AGAINST THE ORDER DATED 29/01/2009 IN IA.46/2008 IN OS.5/2007 of MUNSIFF COURT, KOLENCHERRRY .................... PETITIONER(S): ---------------------- CHINNAMMA, AGED 76 YEARS, W/O.C.T.CHERIAN, KOCHUMANGALATH HOUSE, KOLENCHERY, KUNNATHUNAD TALUK, AIKKARANADU NORTH VILLAGE. BY ADV. MR.T.MADHU RESPONDENT(S): ------------------------ 1. ELIAS, AGED 63 YEARS, S/O.VARKEY, MUNDAYIL HOUSE, PARINGOLA KARA, AIKKARANADU NORTH VILLAGE, KOLENCHERY. 2. THANKACHAN, S/O.ELIAS, AGED 42 YEARS, MUNDAYIL HOUSE, PERINGOLA KARA, AIKKARANADU NORTH VILLAGE, KOLENCHERY. R1 & R2 BY ADV. MR.BASIL MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 6076/2009-O APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE I.A. NO.46/2008 IN O.S. NO.5/2007 DATED 06/02/2008 OF THE HONOURABLE MUNSIFF'S COURT, KOLENCHERY. EXT.P2: COPY OF THE COUNTER AFFIDAVIT IN I.A. NO.46/2008 IN O.S.5/2007 OF THE HONOURABLE MUNSIFF'S COURT, KOLENCHERRRY. EXT.P3: COPY OF THE ORDER IN I.A. NO.46/2008 IN O.S. NO.5/2007, DATED 29/01/2009 OF THE HONOURABLE MUNSIFF'S COURT, KOLENCHERRRY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.6076 of 2009 - O --------------------------------- Dated this the 7th day of September, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To call for the records relating to Ext.P3 order dated 29.1.2009 and by the issuance of a writ of certiorari, quash and set aside the same.” 2. Petitioner is the defendant in O.S.No.5 of 2007 on the file of the Munsiff Court, Kolenchery. Suit is one for fixation of boundary and consequential injunction, and respondent is the plaintiff. Respondent/plaintiff moved an application for appointment of a commission to measure out the property and for fixation of northern boundary of the plaint property. The court below after hearing both sides allowed that application vide Ext.P3 order. Propriety and correctness of that order is challenged by the petitioner/defendant in the suit invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. 4. Having regard to the submissions made and taking W.P.(C).No.6076 of 2009 - O 2 note of the facts and circumstances involved, I find no impropriety or illegality in Ext.P3 order passed by the court below allowing the plaintiff to take out a commission to measure out the suit property and for fixation of northern boundary. Since the suit is one for fixation of boundary and injunction, deputation of a commissioner to measure out the property and to prepare a report and plan with the assistance of a surveyor is necessary to substantiate the suit claim. Writ petition lacks merit and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-