IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 RP.No. 1188 of 2008(L) ----------------------------- AGAINST THE JUDGEMENT IN WPC.28883/2008 Dated 30/09/2008 .................... REVIEW PETITIONER/PETITIONER IN W.P.(C) : ---------------------------------------------------------- XAVIER S/O. VARUTHUKUTTY, AGED 66, PUNNAKKATTU HOUSE NAYARAMBALAM VILLAGE, KOCHI TALUK. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS/RESPONDENTS : --------------------------------------- 1. SAROJINI, ANCHALASSERY HOUSE NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. 2. TREESA, KAROTHU HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. 3. M.O.GEORGE,MULLASSERY HOUSE, NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. 4. BABY LONAPPAN, W/O.LONAPPAN, MENACHERY HOUSE,NAYARAMBALAM VILLAGE, NAYARAMBALAM P.O. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- R.P. No.1188 OF 2008 IN W.P.(c) No.28883 OF 2008 ------------------------------------- Dated this the 20th day of November, 2008 O R D E R The review petitioner is the plaintiff in O.S.No.332 of 2005 on the file of the Additional Munsiff's Court, Kochi. The said suit is one for recovery of possession on the strength of the plaintiff's title. The writ petition was filed by the petitioner challenging Ext.P3 order dated 04.08.2008 passed by the Munsiff dismissing I.A.No.485 of 2007, which was the second application for the issue of a Commission. 2. In the order it is not shown as to in what manner the petitioner/plaintiff was not co-operating with the Commission in the matter of measurement of the property. The matter requires reconsideration. 3. Accordingly this review petition is allowed and the judgment dated 30.09.2008 in the writ petition is set aside. Issue notice by speed post to the respondents in the writ petition. There will be an interim stay of disposal of O.S.No.332 of 2005 for a period of one month from today. V.RAMKUMAR, JUDGE pac