IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 W.P(C).No. 32563 of 2008(B) ----------------------------------- AGAINST THE ORDER DATED 31/07/2008 IN I.A 6325 OF 2007 IN OS.696/2007 OF II ADDL.SUB COURT,ERNAKULAM .................... PETITIONER/PETITIONER/PLAINTIFF: --------------------------------------------------- E.A.JAYAKUMAR, S/O.AYYAPPAN PILLAI, 50/114C, VISHNU VIHAR, PONEVAZHY ROAD, ELAMAKKARA.P.O, EDAPPALLY NORTH, KOCHI-26. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT/ RESPONDENT/DEFENDANT: --------------------------------------------------------------- VEEKSHANAM PRINTING AND PUBLISHING CO.LTD, REPRESENTED BY ITS MANAGING DIRECTOR, BENNY BEHANAN, VEEKSHANAM ROAD, KOCHI-18. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------- W.P(c) No. 32563 of 2008 ------------------------------ Dated this the 13th day of November, 2008 JUDGMENT Counsel for the petitioner submits that the suit itself is dismissed on 11/11/2008. This writ petition is filed to set aside Exhibit P3 order passed on I.A. No.6325 of 2007 in O.S. No.696 of 2007 of the Sub court, Ernakulam. The said I.A.(Exhibit P2) is an application for issuance of Commission to measure out the schedule property and to fix the boundaries on the basis of plan prepared by the Taluk Surveyor. The suit is only for injunction. In a suit for injunction, there is no necessity to measure out the schedule property and to fix its boundaries. Exhibit P3 order was being rightly passed by the court below dismissing Exhibit P2 commission application, especially, when the defendant had only denied the title and possession of the petitioner and not location of boundaries or its extent. This writ petition is devoid of merit and is hence, dismissed. K.P. BALACHANDRAN, JUDGE scm