IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7523 of 2008(U) ------------------------- OS.508/2006 of SUB COURT,IRINJALAKUDA .................... PETITIONER: ------------ 1. SHANMUGHAN, S/O. PARAPARAMBIL KUTTAN, VADAMA VILLAGE, MUKUNDAPURAM TALUK. 2. JOHNSON, S/O. DEVASSY KUTTY, THOTTATHIL HOUSE, ANNALLOOR DESOM. BY ADV. SRI.SHEEJO CHACKO SRI.M.N.MANOJ RESPONDENTS: ------------- 1. JOHNY, S/O. PUTHUPARAMBIL VAREED, KUZHIKKATTUSSERY DESOM, THAZHEKAD VILLAGE, MUKUNDAPURAM TALUK. 2. SASIDHARAN, S/O. UNNICHEKKAN, CHIRAYIRUMMEL HOUSE, KUZHIKKATTUSSERY DESOM, THAZHEKKAD VILLAGE. 3. PAULACHAN, S/O. ITTY MATHEW, THAKKILKARAN HOUSE, ASHTAMICHIRA DESOM, VADAKKUMBHAGOM VILLAGE, MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------- W.P.(C)No.7523 OF 2008 ----------------------------- DATED THIS THE 4TH DAY OF MARCH, 2008 J U D G M E N T This writ petition is filed with a prayer to direct the Subordinate Judge, Irinjalakuda to consider and pass orders in Exhibit P1 and not to proceed with the trial in O.S.No.508/06 without disposing of Exhibit P1. The suit is one for declaration and for an injunction. Exhibit P1 application is one for issuance of a commission for noting down certain particulars and a copy produced here would reveal that the said petition has been filed on 1.11.2006. Before listing the case, the Court should have passed some orders for the reason that if the issuance of a commission is necessary for proper disposal of the case, then if the the trial is proceeded with, without issuance of a commission, the Court may not be able to arrive at a decision at all. Therefore, I direct the Subordinate Judge, Irinjalakuda to consider and dispose of the commission application before proceeding with the trial of the case and thereafter dispose of the W.P.(C)No.7523/08 2 suit in accordance with law. Needless to say that if the commission is issued, the matter may have to be removed from the list. Being a 2006 matter, the Court may really consider whether there is a need for issuance of a commission and not to dismiss it arbitrarily on the ground that the suit is listed for trial. If the case is not disposed of till 12 noon on 4.3.2008, the Court is directed to dispose of Exhibit P1 before proceeding with the case. The writ petition is disposed of accordingly. Sd/- M.N.KRISHNAN, JUDGE. dsn