IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 3098 of 2008(R) ------------------------- AGAINST THE ORDER DATED / / IN IA. 243 /2007 IN OS.806/2004 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER: ------------ MANOMOHAN, S/O.VELAYUDHAN, KANNAMPARAMBIL, CHENDRAPPINNI DESOM, EDATHIRUTHI VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.JIJO PAUL RESPONDENTS: ------------- VISWANATHAN, S/O.VELAYUDHAN, KANNAMPARAMBIL, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.M.K.DILEEP KUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.3098/2008 EXT.P1 TRUE COPY OF THE PLAINT IN O.S.NO.806/04 OF THE MUNSIFF COURT, KODUNGALLUR. EXT.P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN EXT.P1 SUIT. EXT.P3 TRUE COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER ON 27.2.2006 EXT.P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 20.10.2006 TO EXT.P3 COMMISSION REPORT. EXT.P5 TRUE COPY OF THE PETITION FILED BY THE PETITIONER AS I.A.NO.243/07 FOR REMITTING THE COMMISSIONER'S REPORT AND FOR MEASURING THE PROPERTIES WITH THE HELP OF SURVEYOR AND TO MAKE A FRESH REPORT. EXT.P6 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT TO EXT.P5 ON 18.6.2007. EXT.P7 TRUE COPY OF THE ORDER DATED 27.9.2007 IN I.A.NO.243/2007 IN O.S.NO.806/2004 OF THE MUNSIFF COURT, KODUNGALLUR. //TRUE COPY// P.A. TO JUDGE. M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.3098 of 2008 ------------------------------- Dated this the 4th June, 2008. J U D G M E N T Petitioner is the defendant and respondent is the plaintiff in O.S.No.806/2004, on the file of the Munsiff Court, Kodungallur. The suit was instituted for cancellation of a document on the ground that it was a sham document. A commission was appointed to identify the pathway provided under the document. Commissioner submitted Ext.P3 report along with two sketches. Petitioner filed Ext.P4 objection. He also filed Ext.P5 petition to remit the report. Under Ext.P7 order, petition was dismissed. It is challenged in this petition filed under Article 227 of the Constitution of India. 2. The learned counsel appearing for the petitioner is heard. As rightly pointed out by the learned counsel for the petitioner, Munsiff under Ext.P7 order did not consider the objections filed to the report submitted by the Commissioner or the grounds taken by the petitioner to remit the report as sought for in Ext.P5 application. In W.P.(C) No.3098/2008 2 such circumstances, Ext.P7 order is quashed. The Munsiff is directed to pass appropriate order, after hearing parties, and considering the specific grounds taken in the objection, as well as in Ext.P5 petition, expeditiously. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.