IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 22135 of 2008(I) -------------------------- OS.7/2008 of SUB COURT.,THALASSERY .................... PETITIONER: ------------ PERIYAPPURATHE MATHEW, S/O.VARKEY @ VARGHESE, AGED 50 YEARS, P.O. PILATHARA, 670 501 KANNUR DISTRICT. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENTS: ------------- 1. SUNNY JOSEPH, S/O.JOSEPH, AGED 43 YEARS, BUSINESS, RESIDING AT THEKKUMPURATH HOUSE, P.O. CHANGALAYI, SREEKANDAPURAM, THALIPARAMBA, TALUK, KANNUR DISTRICT, PRESENTLY RESIDING AT EDAPETTY, URAVIL AUTOMOBILES, EDAPETTY, KAINATTI P.O., NORTH KALPETTA, MYSORE ROAD, WAYANAD DISTRICT- 673 122. 2. MATHEW KORAH, S/O.KORAH, HOUSE NO. 350, 4TH MAIN 6TH CROSS, BANK COLONY, BOGADI MYSORE – 570 026. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.22135 of 2008 ------------------------------- Dated this the 23rd July, 2008. J U D G M E N T Petitioner is the first defendant in O.S.No.7 of 2008, on the file of Sub Court, Thalassery. Respondents are plaintiff and second defendant. This petition is filed under Article 227 of the Constitution of India to set aside the order in I.A.No.2178 of 2008 to remit the report submitted by the Commissioner. 2. The learned counsel appearing for the petitioner was heard. 3. The learned counsel submitted that I.A.No.2178 of 2008 was dismissed by learned Sub Judge stating that final commission report is awaited and so the petition is pre-mature. The learned counsel submitted that if petitioner is not challenging the order passed in I.A.No.2178 of 2008, later he may be precluded from challenging the correctness of the report and that is why this petition is filed. The learned counsel submitted that either visit of the Commissioner may be stayed or petitioner may be permitted to raise all the objections taken in Ext.P3. W.P.(C) No.22135/2008 2 If I.A.No.2178/2008, an application for remitting the report, was dismissed on the ground that the final report is not submitted and the petition is pre-mature, as submitted by the learned counsel appearing for the petitioner, petitioner is entitled to raise all the objections, along with the final report. He also is entitled to request the Commissioner to consider the objections raised at the time of inspection. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.