IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18345 of 2009(O) -------------------------- I.A.NO.1866/09 IN OS.547/2007 of PRL.MUNSIFF'S COURT,NEYYATTINKARA .................... PETITIONER(S): ------------------------ MOHANACHANDRAN NAIR,S/O.ACHUTHAN NAIR, VALIYATHERUVU PUTHEN VEEDU,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. BY ADVS. MR.M.RAMACHANDRAN NAIR, MT.R.V.ABHISHEK. RESPONDENT(S): -------------------------- 1. RAJAMMA PILLAI SREEKUMARI,SREE VALSOM, NMC XXIX/222,VALANGAMURI,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. 2. SREEKANTAN NAIR,S/O.ACHUTHAN NAIR, VALIYATHERUVU PUTHEN VEEDU,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. 3. GOPAKUMARAN NAIR,S/O.ACHUTHAN NAIR, VALIYATHERUVU PUTHEN VEEDU,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. 4. MURALEEDHARAN NAIR,S/O.ACHUTHAN NAIR, VALIYATHERUVU PUTHEN VEEDU,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. 5. GEETHA KUMAR,D/O.RAJAMMA, VALIYATHERUVU PUTHEN VEEDU,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. 6. BINDHU,D/O.RAJAMMA, VALIYATHERUVU PUTHEN VEEDU,KADAVATTARAM DESOM, NEYYATTINKARA VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.18345 of 2009 - O --------------------------------- Dated this the 1st day of July, 2009 J U D G M E N T This writ petition is filed by the first respondent in O.S.No.547/2009 on the file of the Principal Munsiff Court, Neyyattinkara. A preliminary decree has already been passed in the suit and final decree proceedings are pending. While so, a stranger, who is stated to be a tenant of the building covered by the suit, moved an application for impleadment and also another application for appointment of a commission to carry out some repairs in the tenanted premises. Before any orders are passed on the petition for impleadment the learned Munsiff appointed a commission and, pursuant thereto, repairs were carried out in the building in the presence of the commissioner. The orders passed by the learned Munsiff appointing the commission on the application filed by a stranger to the suit is challenged in this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. W.P.(C).No.18345 of 2009 - O 2 2. I heard the counsel for the petitioner. Having regard to the submission made, and the facts involved, I find no notice to respondent is necessary and it is dispensed with. 3. Prima facie, the facts and circumstances presented indicate that the procedure followed by the learned Munsiff was irregular, especially, in a final decree proceedings in continuation of the preliminary decree passed in a suit for partition. However, it is noticed that the order of appointment of commission was on 27.3.2009 according permission to the stranger who sought impleadment in the suit to carry out repairs in the building to the limited extent sanctioned by the a court. Pursuant thereto it is admitted in the presence of the commissioner such repairs were carried out in the building. The commissioner filed a report on 1.6.2009. Learned counsel for the petitioner submitted that the repairs were carried out as early as in 1.4.2009. So order, if any, passed in the present petition is like tying the horse behind the cart. Since the order had already been implemented, it is open to the petitioner to canvass at the time of passing of the final decree that the tenant who effected the repairs and who was W.P.(C).No.18345 of 2009 - O 3 not made a party in the present proceedings and, further, not competent to be a party in the proceedings, is not entitled to get any relief by way of compensation for the repairs carried out, even if it was done after getting orders of the court. If any such contention is raised by the petitioner, the court below shall take serious note of it and take it into consideration and pass appropriate orders in accordance with law. Subject to the above observation, this writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-