- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 22574 of 2008(K) -------------------------- CMA.27/2006 of SUB COURT,NEYYATTINKARA OS.198/1989 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER: ------------ JAYASREE @ JAYAKUMARI AMMA, D/O MAHESWARY AMMA, AGED 54 YEARS, THOTTTHINGAL VEEDU, MEKKOLA DESOM, KOLLAYIL VILLAGE, PRESENTLY RESIDING AT TC NO.26/1657, KRISHNA VILASOM VEEDU, VANCHIYOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SMT.KVP.JAYALEKSHMY SRI.M.AJAY (IRUMPANAM) RESPONDENTS: ------------- 1. MAHESWARI AMMA MOHANA KUMARI AMMA, KRISHNAVILASOM VEEDU, OORUTTUKALA, ATHIYANNOOR DESOM, ATHIYANNUR VILLAGE. 2. GNANAKI AMMA MAHESWARY AMMA, THATTATINGAL VEEDU, MEKKOLLA DESOM, KOLLAYIL VILLAGE. 3. BALAKRISHNA PILLA SREEKUMARAN NAIR, THATTATINGAL VEEDU, MEKKOLLA DESOM, KOLLAYIL VILLAGE. 4. MAHESWARY AMMA SUKUMARY AMMA, THATTATINGAL VEEDU, MEKKOLLA DESOM, KOLLAYIL VILLAGE. W.P.(C) No.22574 /2008 : 2 : 5. BALAKRISHNA PILLAI KESAVAN NAIR, THATTATINGAL VEEDU, MEKKOLLA DESOM, KOLLAYIL VILLAGE. 6. BALAKRISHNA PILLAI GOPAKUMAR, THATTATINGAL HOUSE, MEKKOLLA DESOM, KOLLAYIL VILLAGE. 7. KUNJUKRISHNA PILLAI PARAMESWARAN PILLAI, THATTATINGAL VEEDU, MEKKOLLA DESOM, KOLLAYIL VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.22574 of 2008 ------------------------------- Dated this the 27th August, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India challenging Exts.P11 and P13 orders passed by Munsiff, Neyyattinkara. Under Ext.P11 order, learned Munsiff has directed the Commissioner to file a further report. That order was challenged before Sub Court, Neyyattinkara, in C.M.A.No.27 of 2006, which was dismissed under Ext.P13 order. This writ petition was filed on 24.7.2008. Learned Munsiff reported that pursuant to Ext.P11 order, confirmed under Ext.P13 order, Commissioner has already submitted a report on 21.7.2008. Before the writ petition, the report was filed. In such circumstances, the writ petition is dismissed with liberty to the petitioner to challenge Exts.P11 and P13 orders along with the final decree and judgment, if the final decree is against him. Petitioner is also entitled to file an objection to the report submitted on 21.7.2008 taking up all the contentions available to him. M.SASIDHARAN NAMBIAR, JUDGE nj.