IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 4713 of 2008(J) -------------------------------------- PETITIONER: ------------------ P.K.SURESH BABU, S/O.LATE P.K.PARAMESWARAN NAIR, T.C.29/823, SIVASATHI, PALKULANGARA, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENT: ---------------------- P.K.SYAMALA KUMARI, W/O.V.K.MOHANAN, T.C.29/1769, PADURA VILLA, AIRPORT ROAD, EANCHAKKAL, PETTAH, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 4713 OF 2008 --------------------- Dated this the 8th day of February, 2008 JUDGMENT This writ petition is preferred against the order of the iind Additional Munsiff, Thiruvananthapuram, in IA 9699/07 in OS 1635/06. The suit is filed with respect to 12.5.cents of property which is particularly described as “A” schedule. 2. The contention of the plaintiff is that an extent of 84 cents was mortgaged and redemption was ordered. But it is seen that 12.5.cents out of the 84 cents which was mortgaged is not handed over possession and it is annexed the other land of the defendant in the case. The court below held that since the documents are not produced, the court cannot consider the request along with some other reasons. 3. In a suit of this nature, the property has to be measured with respect to the documents especially when it is covered by a decree. Therefore I direct the court below to consider the matter afresh and direct the present writ petitioner herein to produce necessary documents for the purpose of issuing a commission for WPC NO 4713/08 2 measuring the property. The order under challenge is set aside and the court below is directed to consider the application on petitioner’s production of documents and dispose it of in accordance with law. Needless to say it is not the duty of the plaintiff to schedule the property of the defendant for the purpose of the suit. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 4713/08 3