IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 20516 of 2008(P) ------------------------------------- AGAINST THE ORDER DATED 12.03.2008 IN IA 1488/07 IN OS.452/2002 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER : ------------------ BEEVATHUKUTTY, AGED 69, W/O. NALLAKTHA KALLINGAL KUNJIMOHAMMED HAJI, EDAKAZHIYUR AMSOM, DESOM, CHAVAKKAD THALUK, THRISSUR DT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS : ---------------------- 1. AVIYUR JUMA-ATH PALLI COMMITTEE, REP. BY ITS PRESIDENT, THEKKEKAYIL KASIM HAJI, S/O. ABDUNNI MUSLIAR, EDAKAZHIYUR AMSOM, AVIYUR DESOM, THRISSUR DT. 2. SECRETARY, HAMID, S/O. ALI, VATTAMPARAMBIL HOUSE, EDAKAZHIYOOR AMSOM, AVIYUR DESOM, THRISSUR DT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 20516 OF 2008 ............................................ DATED THIS THE 8th DAY OF JULY, 2008 JUDGMENT Plaintiff in O.S.452 of 2002 on the file of Munsiff Court, Chavakkad is the petitioner. Defendants are the respondents. This petition is filed under Article 227 of Constitution of India, challenging Ext.P2 order passed by the Munsiff in I.A.1488 of 2007, an application for appointment of Commission. Learned Munsiff dismissed the application, holding that petitioner can adduce evidence on this aspect, at the time of evidence and being a suit for injunction simplicitor, the petition is closed. 2. Learned counsel appearing for petitioner was heard. The learned counsel submitted that in the written statement, it was specifically contended by defendants that plaint schedule property is not identifiable with reference to the document relied on by the petitioner and in such circumstances, proper identification of the property is necessary to get a decree for injunction and this aspect was not considered by learned Munsiff. 3. Ext.P2 order shows that learned Munsiff has not considered why identification of the plaint schedule property by WP(C) 20516/2008 2 appointment of Commission is not necessary. In such circumstances, it is necessary to direct learned Munsiff to pass fresh order in I.A.1488 of 2007, after considering the relief in the suit and the petition and the objection filed by respondent. In view of the view taken, I do not find it necessary to issue notice to the respondents so as to compel them to appear before this court. Writ petition is disposed, quashing Ext.P2 order and directing learned Munsiff, Chavakad to consider I.A.1488 of 2007 afresh and pass appropriate order in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE lgk/-