IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 31222 of 2008(P) -------------------------- AS.89/2002 of I ADDL.SUB COURT,TRIVANDRUM OS.658/1992 of I ADDL.M.C.,TRIVANDRUM .................... PETITIONER(S): --------------- GANGADHARAN, S/O.JANARDHANAN, RESIDING AT T.C. IX/2709, ELANKOM LANE, EDAPAZHINJI, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.B.SATHIQ SRI.C.ANIRUDHAN RESPONDENT(S): --------------- 1. CHELLAN, S/O.CHINNAN, RESIDING AT T.C.IX/2710, KANIRAMVILA VEEDU, ELAMKAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. 2. RAJENDRAN ALIAS JONY, S/O.CHELLAPPAN, RESIDING AT T.C. IX/2710, KANIRAMVILA VEEDU, ELAMKAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. RAJAMMA, W/O.SUKUMARAN, RESIDING AT T.C. IX/2710, KANIRAMVILA VEEDU, ELAMKAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. 4. VIJAYAN, S/O.SUKUMARAN, RESIDING T.C. IX/2710, KANIRAMVILA VEEDU, ELAMKAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. 5. K.KRISHNAN, S/O.C.V.RAMAN, KEERTHI HOUSE, ELANKOM LANE, SASTHAMANGALAM THIRUVANANTHAPURAM. 6. YESUDASAN, S/O.AYYAPPAN, SUB ENGINEER, POWER STATION, K.S.E.B., MOOLAMATTOM, IDUKKI. WP(C) NO.31222/2008 2 7. KRISHNAN NAIR, T.C. 4/369, KURAVANKONAM, KOWDIAR P.O THIRUVANANTHAPURAM. 8. TRIVANDRUM CITY CORPORATION, REPRESENTED BY ITS COMMISSIONER (SECRETARY), TRIVANDRUM CITY CORPORATION, TRIVANDRUM. 9. B.GEETHA KUMARI, D/O.VIJAYAMMA, KPI 990, KUDAPPANAKUNNU, MUTTADA P.O THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.31222 of 2008 P -------------------------------------- Dated this the 3rd day of November, 2008. JUDGMENT Heard the counsel for petitioner. 2. Plaintiff in O.S.No.658 of 1992 of the court of First Additional Munsiff's Court, Thiruvananthapuram is the petitioner herein. He filed that suit for declaration, fixation of the boundary and recovery of the possession of plaint B schedule property. When the suit came up for trial in the list, petitioner filed I.A.No.6269 of 2008 to set aside the report of the advocate commissioner. The grievance of the petitioner is that without considering the application, learned Munsiff has posted the case for trial in the list on 15.11.2008. Hence petitioner seeks a direction to the court below to consider Ext.P11 before taking evidence in the case. It is contended by learned counsel that there must be proper identification of the property for which it is necessary to set aside the report submitted by the commissioner. 3. It is seen from the Writ Petition that the suit was disposed of twice on merit, there were two appeals and on both occasions the appeals were allowed and remitted to the trial court. Suit is of the year 1992. Learned Munsiff has reported that the application to set aside the report was filed on 31.7.2008, though the report was filed in January, 2007 and hence it was ordered that the application will be considered along with the trial. I do not find anything illegal WP(C) NO.31222/2008 2 or irregular in the order passed by the learned First Additional Munsiff. It is also to be born in mind that the suit is of the year 1992 and its disposal cannot further be delayed. In the above circumstances, this Writ Petition is without merit and it is dismissed. THOMAS P.JOSEPH, JUDGE. cks