IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 36047 of 2009(O) -------------------------- OS.159/2005 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER(S): --------------- K.N.SREEKUMAR, S/O.NARAYANAN NAIR, AGED 38 YEARS, SAROVARAM, KANNAKARI VILLAGE, KANNAKARI P.O., MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): --------------- RAVI KUMAR ALIAS RAVINDRAN, AGED 66 YEARS, S/O.LATE AMMUKUTTY AMMA, MULLAPPILLIL HOUSE, ADVOCATE, AMILI NIVAS, EROOR, NADAMA VILLAGE, TRIPUNITHURA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.36047 OF 2009 (O) ----------------------------------- Dated this the 14th day of December, 2009 J U D G M E N T Writ petition is filed by the 2nd defendant in O.S.No.159 of 2005 on the file of the Sub Court, Ernakulam, challenging the order passed by the learned Sub Judge allowing a commission application moved by the plaintiff. 2. I heard the learned counsel for the petitioner. Having regard to the submissions made with reference to the facts and circumstances presented and also the directions/observations made by this Court in Ext.P4 judgment rendered in a previous writ petition involving the parties, I find the objection canvassed against the appointment of a commission by the court below cannot be approved, and at any rate, a challenge thereto invoking the visitorial jurisdiction of this Court under Article 227 of the Constitution WPC.36047/09 2 of India is not entertainable. Writ petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp