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. 18839 of 2005(P) -------------------------- OS.310/2002 of MUNSIFF COURT, THODUPUZHA .................... PETITIONER: ------------ 1. CHANDRASEKHARA PILLAI, AGED 60 YEARS, S/O. NARAYANA PILLAI, THAYYIL HOUSE, KUDAYATHOOR, THODUPUZHA. 2. DAMODARA PILLAI, AGED 70 YEARS, S/O. KUNJAN PILLAI, MADATHIL HOUSE, KUDAYATHOOR, THODUPUZHA. 3. MURALI, AGED 40 YEARS, S/O. DAMODARAN PILLAI, MADATHIL HOUSE, KUDAYATHOOR, THODUPUZHA. BY ADV. SRI.K.K.CHANDRAN PILLAI RESPONDENTS: ------------- 1. MADHAVAN PILLAI, S/O. PERUMAL PILLAI VALLIPPANCHALIL HOUSE, KUDAYATHOOR, THODUPUZHA. 2. PRASANTH, S/O. KRISHNA PILLAI, PANAPPARAMBIL HOUSE, KUDAYATHOOR, THODUPUZHA. 3. GOPALAKRISHNA PILLAI, S/O. MADHAVAN PILLAI, KUDAYATHOOR, THODUPUZHA. 4. MATHEW JOSEPH @ SUNNY, THOTTUVALAPPIL HOUSE, KUDAYATHOOR, THODUPUZHA. 5. JOY, S/O. CHACKO, MANJACHEKKANATTU HOUSE, KUDAYATHOOR, THODUPUZHA. 6. U.P. VENU, S/O. RAGHAVA PANICKER URUMBIL HOUSE, KUDAYATHOOR, THODUPUZHA. 7. BALAGANGADHARA PILLAI, S/O. MADHAVAN PILLAI, VALLIPPANCHALIL HOUSE, KUDAYATHOOR, THODUPUZHA. 8. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. BINDU FOR R8 SRI.K.J.KURIACHAN FOR R1TOR7 SMT.P.P.STELLA FOR R1TOR7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1:- True copy of commission report dated 15.11.2002 in I.A.1841/02 in O.S.310/02 of the Munsiff's Court, Thodupuzha. Ext.P2:- True copy of the commission report dated 18.11.2002 in I.A.2099/02 in O.S.310/02 before the Munsiff 's Court, Thodupuzha. Ext.P3:- True copy of the petition filed by the petitioners dated 6.6.2005 in O.S.310/02 before the Munsiff 's Court, Thodupuzha. Ext.P4:- True copy of counter filed by the respondent to the petition I.A.901/05 in O.S.310/02 on the file of the Munsiff's Court, Thodupuzha. Ext.P5:- True copy of order dated 8.6.2005 passed by the learned Munsiff's Court, Thodupuzha. /true copy/ P.S. To Judge M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.18839 OF 2005 =========================== Dated this the 23rd day of July, 2008 JUDGMENT Petitioners are plaintiffs in O.S.310/2002 on the file of Munsiff's Court, Thodupuzha. After the evidence was recorded when respondents filed a certified copy of the report filed by the Commissioner in another suit between the parties, which is contrary to Ext.P1 report submitted in the present suit, petitioners filed I.A.901/2005 and 902/2005 to reopen the evidence and to appoint a Commissioner. Under Ext.P5 order learned Munsiff dismissed the petitions. It is challenged in this petition filed under Article 227 of the Constitution of India. 2. Learned counsel appearing for petitioners and respondents were heard. 3. The argument of the learned counsel is that when the Commissioner inspected the property the construction was found to be very new but Ext.P2 W.P.(C)18839/05 2 report submitted by another Commissioner in another suit, the age of the road is stated as 10 years and that inspection was made more than one month after the date of the first inspection and in such circumstance, petitioners were compelled to file the petition to appoint a Commissioner and learned Munsiff should have allowed Ext.P3 application. 2. On hearing the learned counsel and on going through Ext.P5 order, I do not find any illegality or irregularity warranting interference. Petitioners are entitled to challenge Ext.P5 order along with the final judgment, if the judgment goes against them. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006