IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WP(C).No. 7756 of 2008(W) ------------------------- I.A.NO.332/08 IN OS.345/2007 of PRL.M.C., KOCHI .................... PETITIONER: ------------ POULOSE,S/O.ANTONY,AGED 64 AMBALATHINGAL HOUSE,THRIPUNITHURA DESOM, THEKKUMBHAGOM VILLAGE,KANAYANNUR TALUK. BY ADV. SRI.A.BALAGOPALAN SRI.M.N.MANMADAN SMT.T.LAKSHMI RESPONDENT: ------------- ELAMKUNNAPUZHA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY ELAMKUNNAPUZHA GRAMA PANCHAYATH OFFICE ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SMT. R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.7756 of 2008 ------------------------------------------- Dated this the 6th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the Principal Munsiff, Kochi to consider Ext.P2 commission application and pass appropriate orders before proceeding with the trial of the suit. 2. It is submitted by the learned counsel that the suit is of the year 2007 and he has moved an application for issuance of Commission which is necessary for the disposal of the case. After filing the application he also moved another application for advancement and disposal which has been negatived by the court and the commission application posted along with the suit. It may not be proper to dispose of the commission application along with the suit for the reason that if the issuance of commission is necessary, the court may have to wait for the report of the Commissioner for proceeding with the trial. 3. Therefore, I direct the court below to not to proceed with the trial of the suit till an order is passed in I.A.No.332/08 in WPC 7756/2008 2 O.S.No.345/07. Then give a breathing time to the plaintiff and then only put it in the list and dispose of it in accordance with law. The writ petition is disposed of as above. M.N.KRISHNAN, JUDGE csl