IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 8566 of 2009(O) ------------------------- AGAINST THE ORDER DATED 03/03/2009 IN IA 505/09 IN OS.151/2005 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER(S): --------------- 1. BANSHIDER CHOTAMAL, AGED 78, S/O. CHOTMAL KHANDELWEL, RESIDING AT J.P.BUILDING OPP. ALAPPUZHA NORTH POLICE STATION, VAZHICHERI WARD, ALAPPUZHA. 2. RAMAKRISHNA CHOTAMAL, AGED 57, S/O.CHOTMAL KHANDELWEL, RESIDING AT J.P.BUILDING OPP. ALAPPUZHA NORTH POLICE STATION, VAZHICHERI WARD, ALAPPUZHA. 3. JUGAL KISHORE CHOTAMAL, AGED 65, S/O. HCHOTMEL KHANDELWEL,RESIDING AT J.P. BUILDING,OPP. ALAPPUZHA NORTH POLICE STATION, VAZHICHERI WARD, ALAPPUZHA. 4. HARIKRISHNA CHOTAMAL, AGED 54, S/O. CHOTMAL KHANDELWEL, RESIDING AT J.P. BUILDING, OPP. ALAPPUZHA NORTH POLICE STATION, VAZHICHERI WARD, ALAPPUZHA. BY ADV. SRI.GEORGE MATHEW RESPONDENT(S): --------------- EMPIOR COIR WORKS PVT. LTD.,ALAPPUZHA, REP. BY ITS DIRECTOR NAVEENCHANDRA UTHAMRAM, S/O. UTHAMRAM JADEV, SAKTHI VILAS, BEACH WARD, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.8566 of 2009 --------------------------------------------- Dated this the 17th day of March, 2009 JUDGMENT The respondent, who is the plaintiff in the suit, filed I.A.No.505 of 2009 in O.S.No.151 of 2005 on the file of the Principal Munsiff’s Court, Alappuzha praying for appointing a Commissioner for the purpose of noting the compound wall which according to them was partly demolished by the defendants. The suit is for fixation of the boundaries and for incidental reliefs. The plaintiff stated that on 16.2.2009, defendants 1 to 4 demolished a portion of the eastern compound wall of the plaint schedule property. The application was filed to appoint a Commissioner to note the points which are mentioned in the application. The petitioners herein filed objections in I.A.No.505 of 2009. According to them, the compound wall belongs to them. It is contended that the plaintiff has no right in the plaint schedule property. It is also contended that since southern and western boundaries are sought to be fixed, it is not necessary to note the details of the compound wall on the WPC No.8566/2009 2 eastern side. 2. The court below passed an order dated 3rd March 2009 by which a Commissioner was appointed. That order is under challenge in this Writ Petition. By appointing a Commissioner, no prejudice would be caused to the petitioners/defendants 1 to 4. The Commissioner will inspect the property and file a report. The objections raised by the petitioners are on the merits of the contentions involved in the suit. It is not necessary to decide the same while considering the question whether a Commissioner should be appointed or not. Therefore, the court below rightly thought not to refer to the objections raised by the petitioners. I do not think that the court below has committed any illegality or irregularity. There is no error of jurisdiction also. No interference is called for in the Writ Petition. The Writ Petition is accordingly dismissed. K.T.SANKARAN, JUDGE csl