IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 8260 of 2008(G) ------------------------- OS.358/2007 of PRL.M.C., KOCHI .................... PETITIONERS: ------------ 1. K. MOHANKUMAR, S/O. KESAVA PILLAI AGED 50, RESIDING AT 34/2501 A BEENA NAGAR, EDAPPALLY ERNAKULAM DIST. 2. JAYANTHI HAREESH, AGED 40 KARTHIKA, CHINNAPPILLY ROAD, KAKKANAD. BY ADV. SRI.A.BALAGOPALAN SRI.M.N.MANMADAN RESPONDENT: ------------- ELAMKUNNAPUZHA GRAMA PANCHAYAT REP. BY ITS SECRETARY, ELAMKUNNAPUZHA GRAMA PANCHAYAT OFFICE ERNAKULAM DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 8260 OF 2008 --------------------- Dated this the 11th day of March, 2008 JUDGMENT This writ petition is preferred for a direction to the Principal Munsiff court, Kochi, to consider and dispose of IA 373/08 in OS 358/07, which is an application for issuance of a Commission, before proceeding with the trial in the case. 2. A perusal of the writ petition would reveal that the original suit is of the year 2007 and the application for issuance of a Commission is of February, 2008. I am informed that the case is listed on 12.3.08. It is submitted that the question of title is also involved in the case and for a proper adjudication, the Commissioner's plan and report may be necessary. 3. When such an application is filed by the petitioners, the court is expected to consider that application before proceeding with the trial in the case. Therefore, I direct the Principal Munsiff court, Kochi, to consider the above IA and pass appropriate orders giving a weeks time and thereafter proceed with the matter. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps