IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30987 of 2008(L) -------------------------- OS.1002/2006 of I ADDL.M.C.,TRIVANDRUM .................... PETITIONER(S): --------------- RADHAKRISHNAN, AGED 67 YEARS, S/O.(LATE) DAMODHARAN,RESIDING AT 'RITA BHAVAN,' R.K.V. ROAD, MUSEUM, THIRUVANANTHAPURAM, BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): --------------- CITY CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, CORPORATION BUILDING, MUSEUM, THIRUVANANTHAPURAM. BY GOVT. PLEADER ADV. SMT. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J ---------------------------------- W.P.(C) No. 30987 OF 2008 ----------------------------------- Dated this the 21st day of October, 2008 JUDGMENT Counsel takes notice for respondent. Heard both sides, Petitioner is the plaintiff in O.S. No. 1002/2006 on the file of Munsiff Court, Trivandrum. Suit is for mandatory injunction against respondents for restoration of the disputed area of plaint schedule property alleged to have been encroached upon by the respondent. Though on the request of petitioner, learned Munsiff appointed a Commission to inspect the property, due to unavoidable reasons he was not able to deposit bata for commission ordered by learned Munsiff within the specified time. Now the case is pending trial in the list on 22.10.2008. In the meantime, petitioner filed I.A. No. 8533/2008 to remove the case from the list to enable him to deposit the commission bata. That application was dismissed. This Writ Petition is to set aside Ext. P5, order in I.A. No. 8533/08 and to allow the petitioner to deposit bata and take out commission. Counsel submitted that petitioner is satisfied if 10 days time is granted for deposit of commission bata. In the facts and circumstances of the case, it is directed that W.P.(C) No. 30987/2008 -2- the suit will stand adjourned for a period of 15 days. In the meantime it will open to the petitioner to make appropriate request in the court of learned Munsiff regarding the inspection of the Commissioner and to obtain report as already ordered. If any such request is made, learned Munsiff will consider that request and pass appropriate orders. With the above direction, the Writ Petition is closed. THOMAS P. JOSEPH, JUDGE vkm