IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 OP(C).No. 61 of 2011(O) --------------------------------- [AGAINST THE ORDER OF THE MUNSIFF-MAGISTRATE, MANANTHAVADY IN I.A. NO. 441/2010 IN O.S. NO. 49/2005 DTD. 22/11/2010] ............ PETITIONER/PETITIONER/SUPPL.2ND DEFENDANT: -------------------------------------------------------------------------- KALLIYANI, D/O.NARAYANAN EZHUTHACHAN (LATE), PILAKKAVU.P.O., MANANTHAVADY VILLAGE, VEMOM DESOM, JESSY, MANANTHAVADY TALUK. BY ADVS. SRI.K.JAJU BABU, SMT. M.U.VIJAYALAKSHMI, SRI. BRIJESH MOHAN, SRI. T.R. SATHEESAN, SMT. DHANYA CHANDRAN, SRI.JOSEPH.M.V. RESPONDENTS/RESPONDENTS/PLAINTIFFS: ----------------------------------------------------------------- 1. BALU @ NANU, S/O.P.NARAYANAN EZHUTHACHAN (LATE), NEAR JESSY ESTATE, MANANTHAVADY VILLAGE, P.O.VEMOM, MANANTHAVADY TALUK. PIN-670 645. 2. THE SPECIAL GRADE SECRETARY, MANANTHAVADY GRAMA PANCHAYAT, MANANTHAVADY P.O., MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 645. 3. PARISON ESTATE & INDUSTRIES PVT.LTD., MANANTHAVADY GROUP, CHIRAKKARA.P.O., REPRESENTED BY ITS GROUP MANAGER AND POWER OF ATTORNEY HOLDER MR.SUNDAR ASARIAH, CHIRAKKARA DIVISION, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN-670 645. R3 BY ADV. SRI.E.K.NANDAKUMAR. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.61/2011-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 30/08/2010 IN I.A. NO. 441/2010 IN O.S. NO. 49/05 OF THE MUNSIFF MAGISTRATE COURT, MANANTHAVADY. EXT.P.2: COPY OF THE ACKNOWLEDGEMENT DTD. 22/11/2010 ISSUED BY THE ADVOCATE COMMISSIONER. EXT.P.3: COPY OF THE DIARY EXTRCT IN O.S. NO. 49/05 DTD. 05/10/2010 TO 22/11/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.T.SANKARAN, J. ------------------------------ O.P(C)No. 61 OF 2011 ------------------------------ Dated this the 7th day of June, 2011 JUDGMENT The petitioner, defendant No.2 in O.S.No.49 of 2005 on the file of the Court of the Munsiff Magistrate, Mananthavady filed I.A.No.441 of 2010 to appoint a Commissioner. The trial court allowed the application by the order dated 30th August, 2010. The petitioner was directed to pay commissioner's batta of Rs.1,000/-. It is stated that petitioner could not pay the batta due to financial difficulties. He paid the batta to the Commissioner on 22.11.2010 as evidenced by Ext.P2. However, on that day, the court passed the following order: “It is seen that the steps has not been taken as per the direction of this court. The order in I.A.No.441 of 2010 is not complied with. Listed to 10.1.2011.” O.P(C)No. 61 OF 2011 2 2. The learned counsel appearing for the third respondent/plaintiff submitted that he has no serious objection in granting the prayer made by the petitioner. Accordingly, the order dated 22.11.2010 is modified. The Commissioner shall inspect the property and file a report as expeditiously as possible. The suit shall be listed for trial only after the Commissioner files the report. K.T.SANKARAN, JUDGE. Cms