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. 8215 of 2008(C) ------------------------- OS.107/2007 of SUB COURT,KATTAPPANA .................... PETITIONER: ------------ VARGHESE JOSEPH @ PONACHAN AGED 38 YEARS, S/O. JOSEPH PLATHARA HOUSE, ALADY KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK IDUKKI DIST. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT: ------------- JACOB ABRHAM, AGED 45 PADALUMKAL HOUSE, ALADY KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK IDUKKI 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. 8215 OF 2008 --------------------- Dated this the 11th day of March, 2008 JUDGMENT This writ petition is preferred with a prayer to direct the appellate court to consider and pass orders in IA Nos. 175/08 and 207/08 in CMA 20/07 on the file of the Subordinate Judges court, Kattapana. The appellate court is considering the appeal against the order of injunction passed by the trial court. A Commissioner was appointed by the trial court as well and it has been taken into consideration by the trial court. When the appeal was preferred at the instance of the appellant therein a Commissioner was appointed by the appellate court and he had submitted the report. The present writ petitioner has filed objections to the Commissioner’s report on 13.2.08 and has filed IA 175/08 for setting aside the Commissioner’s plan and report. He has also filed IA 207/08 for examining the Commissioner for the purpose of setting aside the Commissioner’s report. 2. The grievance of the present writ petitioner is that without considering those applications, the court has compelled him to argue the matter and it is posted for judgment on 15.3.08. According to him, if the court passes an order without considering the objections filed by the writ petitioner in the Commissioner’s report and his prayer for setting aside the WPC NO 8215/08 2 Commissioner’s report, it will cause irreparable injury to him and therefore there must be a direction by this court to consider those applications before finally pronouncing the judgment in CMA 20/07. 3. It has to be borne in mind that the trial court has applied its mind and appointed the Commissioner and after obtaining a report had passed the orders. The appellate court, I do not know for what reason, appointed a commissioner again and is now trying to pass orders. When it is objected to by the party, that has to be atleast considered before trying to proceed with the main case namely, CMA 20/07. Therefore, I direct the Subordinate Judge, Kattapana to consider IA Nos. 175/08 and 207/08 before disposing of CMA 20/07. For that purpose, the court below is directed to defer the judgment of the case, which is posted on 15.3.08. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 8215/08 3 WPC NO 8215/08 4 WPC NO 8215/08 5