IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WP(C).No. 6745 of 2008(C) ------------------------- AGAINST THE ORDER IN IA.117/07 IN OS.69/2003 of MUNSIFF COURT, RANNI .................... PETITIONER: ------------------- K.J. BABY, AGED 72 YEARS, S/O. LATE K.K. JOHN, KADUTHANATHU VEEDU, VAIPUR, KODUMUDISSERY MURI, KOTTANGAL VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.JOSEPH GEORGE RESPONDENT: ----------------------- BABU K.JOHN, AGED 61 YEARS, S/O.LATE K.K. JOHN, KADUTHANATHU VEEDU, VAIPUR, KODUMUDISSERY MURI, KOTTANGAL VILLAGE, PATHANAMTHITTA DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6745 OF 2008 = = = = = = = = = = = = = = = Dated this the 27th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Ranny in I.A. 117/07 in O.S.69/03. It is the case of the plaintiff that the property described in the plaint schedule was obtained by him as per a partition deed No.2597/70 and item No.3 of the said document is claimed to be the plaint schedule property. The Commissioner has gone and inspected the property. The grievance is that the property has to be measured with respect to the title deed as well as the old survey plan. 2. Admittedly the resurvey has been done and the learned counsel for the writ petitioner would submit before me against the resurvey he has filed an appeal and it is pending before the concerned authorities. The larger questions that may arise for consideration namely are whether the title of the property will devolve upon the basis of the document relied upon by the party or whether it will have any impact on the basis of the resurvey conducted by W.P.C 6745 OF 2008 -:2:- the Department. It is always desirable that both materials are available before the Court for final adjudication of the case. Already a plan with measurement on the basis of the resurvey field is before the Court. Let the Court appoint the very same Commissioner who submitted the plan and report and direct him to measure the property with respect to the old survey as well, specially taking care to see that the property is identified and measured with reference to the document of title relied upon by the plaintiff. If any additional particulars are necessary for the other side they also may be permitted to file work memo and on receipt of the same and at the stage of the evidence the Court can consider which is to be accepted. Therefore the order under challenge is set aside and the Court below is directed to remit the Commissioner's plan and report to the same Commissioner with a direction to furnish a plan on the basis of the old survey field with reference to the document of title. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-