IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18956 of 2009(O) -------------------------- OS.906/2007 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER(S): --------------- KAMALESH BHANU,UDAYA HOUSE, SACHIVOTHAMPURAM.P.O,CHANGANACHERRY REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,J.A.UDAYA BHANU, UDAYA HOUSE,SACHIVOTHAMAPURAM.P.O,CHANGANACHERRY. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- 1. RAJESWARY,W/O.VISWAMBHARAN,MATHANATHU VEEDU, MARADY.PO,MOOVATTUPUZHA. 2. RAMACHANDRAN,PARAMBIL HOUSE,NEHRU TROPHY WARD,ALAPPUZHA. 3. CHINMAYI, -DO- -DO- 4. ANITHA VENU,PATTATHUVILA VEETTIL, PAZHAYA ROAD, PRRA-62,MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM. 5. ANURUDHA SANKARA, -DO- -DO- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.18956 OF 2009 -------------------------- Dated this the 7th day of July 2009 ------------------------------------- JUDGMENT Petitioner is the plaintiff in O.S 906/2007 of the Principal Munsiff Court, Alapuzha. On the date when the suit came up in the special list for trial, the petitioner moved an application for appointment of a commission to measure out the suit property. Learned Munsiff after hearing the counsel on both sides dismissed that application. The propriety and correctness of that order is challenged invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. Having regard to the submissions made and taking note of the facts and circumstance I find W.P.(C).No.18956 OF 2009 2 the order passed by the learned Munsiff cannot be assailed by way of a writ petition. Petitioner can challenge the correctness of that order, if need be, in a appeal if an adverse decision is passed by the court below against him in the suit, before the appropriate forum. The writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv