IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 8897 of 2008(H) -------------------------------------- PETITIONER: -------------------- REGHU, PUNNASSERILTHARAYIL, KARAZHMA PADINJATTUM MURI, CHENNITHALA VILLAGE. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT: ----------------------- K.C.GEORGE, PUNNASSERIL, KARAZHMA PADINJATTUM MURI, CHENNITHALA VILLAGE. BY ADV. SRI. BECHU KURIAN THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 8897 OF 2008 = = = = = = = = = = = = = = = Dated this the 28th day of March, 2008. J U D G M E N T This writ petition is preferred challenging the order of the Munsiff, Mavelikkara in I.A.88/08 in O.S.179/04 whereby the Court refused to set aside the Commissioner's plan and report. I am informed that the evidence is already over in the matter and the matter has been argued and it is posted for judgment. Now, the learned counsel for the writ petitioner centers his argument on the point that there is a thodu in the property and that thodu is a part and parcel of the plaintiff's property and if the thodu is excluded and measurement is taken it may not be proper and it will have a bearing on the case. 2. On the other hand, the learned counsel for the respondent would submit that the thodu is nowhere near the plaint schedule property and it is situated about 80 meters away and there is no case that the thodu is a part and parcel W.P.C 8897 OF 2008 -:2:- of the plaintiff's property. Materials are placed before the Court and plan and report is there. Documents are produced, evidence is adduced and if this point has been canvassed by the defendants in the case it is a matter that has to be considered by the Court at the time of passing of the judgment. With this observation the writ petition is closed. M.N. KRISHNAN, JUDGE. ul/-