IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 3002 of 2010(O) ------------------------- OS.79/2001 of SUB COURT, TIRUR .................... PETITIONER(S): --------------- ADATTIL ASSAN, S/O.ADIYATTIL KOYAMU, KOTTAKKAL AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ SMT.A.M.SABEETHA RESPONDENT(S): --------------- 1. RASHEED, S/O.AMARIYIL ALAVIKUTTY HAJI, AMARIYIL HOUSE, KOTTAKKAL AMSOM DESOM, TIRUR TALUK. 2. ADATTIL ALAVI, S/O.ADATTIL KOYAMU, ADATTIL HOUSE, KOTTAKKAL AMSOM DESOM, TIRUR TALUK. 3. AMARIYIL KHADEEJA, W/O.AMARIYIL ALAVIKUTTY HAJI, AMARIYIL HOUSE, KOTTAKKAL AMSOM DESOM, TIRUR TALUK. 4. SHAFI, S/O.AMARIYIL ALAVIKUTTY HAJI, AMARIYIL HOUSE, KOTTAKKAL AMSOM DESOM, TIRUR TALUK. 5. ABDUL LATHEEF, S/O.AMARIYIL ALAVIKUTTY HAJI, AMARIYIL HOUSE, KOTTAKKAL AMSOM DESOM, TIRUR TALUK. 6. ABU SUFIYAN, S/O.AMARIYIL ALAVIKUTTY HAJI, AMARIYIL HOUSE, WP(C).No. 3002 of 2010(O) -:2:- KOTTAKKAL AMSOM DESOM, TIRUR TALUK. 7. ABDUL JALEEL, S/O.AMARIYIL ALAVIKUTTY HAJI, AMARIYIL HOUSE, KOTTAKKAL AMSOM DESOM, TIRUR TALUK. 8. NAZAR, S/O.AMARIYIL ALAVIKUTTY HAJI, AMARIYIL HOUSE, KOTTAKKAL AMSOM DESOM, TIRUR TALUK. 9. NAFEESA, W/O.K.V.BAVA, KEKKIKALAYIL HOUSE, HYDROSE VILLA, KUNDAMVIDAVU P.O., RANDATHANI. 10. JAMEELA, W/O.KUNJALIKUTTY HAJI, NADAKKAVU POST, P.N.KUTTY ROAD, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P.(C) No. 3002 of 2010 * * * * * * * * * * * * * * * * * * Dated: 30th January, 2010 JUDGMENT The plaintiff in a suit for recovery of possession of the plaint B schedule property allegedly forming part of the plaint A schedule property on the strength of his title is the Writ Petitioner. The suit was filed as O.S. No. 79 of 2001 before the Sub Court, Tirur. The plaintiff had taken out a commission and the Commissioner filed his report in the year 2005. Instead of getting the plaint amended in conformity with the identification made by the Commissioner, the petitioner sought to remit the Commissioner's report twice by filing applications which were dismissed by the court below. On the second occasion dissatisfied with the dismissal passed by the court below he approached this Court by filing W.P.C. No. 19704 of 2007. He obtained a stay of the trial of the suit and after that the said Writ Petition was dismissed by this Court on 29-1-2009. Thereafter when the suit was again listed for trial, the petitioner filed the present I.A. No. 2982 of 2009 to amend the plaint to make the identification of the plaint B schedule property in conformity with the report of the Advocate Commissioner filed in the year 2005. The said application was dismissed by the court below on 13-10- W.P.(C) No. 3002 of 2010 -:2:- 2009. Hence, this Writ Petition. 2. Since the suit is one for recovery of possession on the strength of title the plaintiff can succeed only if he is able to prove his title over the portion sought to be recovered. Proper identification of the property is, therefore, necessary and if the Commissioner has identified the property, then merely because there is some error in the description of the property in the plaint schedule the same should not stand in the way of the plaintiff getting a decree for recovery . Hence, if after the trial of the case the plaintiff is able to prove his title over the plaint schedule property as identified by the Commissioner, nothing should prevent the court below from granting a decree in accordance with the identification made by the Commissioner and in that event Ext.P8 order will not stand in the way of the plaintiff seeking appropriate relief for amendment of the plaint schedule to make it in conformity of the identification made by the Advocate Commissioner. This Writ Petition is disposed of as above. It is made clear that the trial of the case will not stand adjourned and it shall go on. V. RAMKUMAR, (JUDGE) ani. W.P.(C) No. 3002 of 2010 -:3:-