IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No.35247 of 2008 (U) ---------------------------------- OS.1922/2002 of II ADDL.M.C., ERNAKULAM .................... PETITIONERS: ----------------- 1. ST.MARY'S ORTHODOX CATHEDRAL PARK- AVENUE, KOCHI-11, REPRESENTED BY PRESENTED TRUSTEE- K.K.GEORGE, S/O.KORA, AGED 62 YEARS, ST.MARY'S ORTHODOX CATHEDRAL, PARK AVENUE, KOCHI-11. 2. K.K.GEORGE, S/O.KORA, AGED 62 YEARS, PRESENT TRUSTEE, ST.MARY'S ORTHODOX CATHEDRAL, PARK AVENUE, KOCHI-11. BY ADV. SRI.M.M.ALIAS SRI.ROBIN C.THOMAS RESPONDENT: ---------------- PAILY, S/.O.THOMAS, AGED 74 YEARS, AMBAZHAKKADAN, S.T.P.ROAD, ELAMKULAM, PALATHURUTH DESOM, ELAMKULAM VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C No.35247 of 2008 ------------------------------------------------ Dated this the 28th day of November, 2008 JUDGMENT Heard the counsel for the petitioner. 2. Advocate Sri.M.M.Alias who appears before me and argues the matter submits that he is prepared to appear before the learned Munsiff and apologise for the mistake and also persuade the Commissioner to execute the order and that similar conduct from his part will not arise in future and that he will co- operate to have the commission order executed without creating any interference in the work of the Commissioner or the Surveyor. 3. In the result, allowing this Writ Petition, I quash Ext.P3 order and direct the court below to post the case to any specific date giving notice also to the Commissioner W. P. C No.35247 of 2008 -2- and counsel for the plaintiff and to pass appropriate orders in the matter of measurement of the property. The counsel for the petitioner shall produce a copy of this judgment before the Munsiff who passed Ext.P3 order with notice to counsel for the respondent/plaintiff in the suit and the Advocate Commissioner who surrendered the order and the learned Munsiff shall post the case thereafter to any appropriate day convenient to all parties and the Commissioner; hear their submissions and pass orders. Evidence of giving notice to the counsel for the plaintiff and to the Advocate Commissioner shall also be produced while producing copy of this judgment before the learned Munsiff to enable him to act further on the basis of the directions herein. W. P. C No.35247 of 2008 -3- 4. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-