IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7756 of 2008(W)
1. POULOSE,S/O.ANTONY,AGED 64
... Petitioner
Vs
1. ELAMKUNNAPUZHA GRAMA PANCHAYATH
... Respondent
For Petitioner :SRI.A.BALAGOPALAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/03/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C).No.7756 of 2008
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Dated this the 6th day of March, 2008
JUDGMENT
This writ petition is preferred with a prayer to direct the
Principal Munsiff, Kochi to consider Ext.P2 commission
application and pass appropriate orders before proceeding with
the trial of the suit.
2. It is submitted by the learned counsel that the suit is
of the year 2007 and he has moved an application for issuance of
Commission which is necessary for the disposal of the case.
After filing the application he also moved another application for
advancement and disposal which has been negatived by the
court and the commission application posted along with the suit.
It may not be proper to dispose of the commission application
along with the suit for the reason that if the issuance of
commission is necessary, the court may have to wait for the
report of the Commissioner for proceeding with the trial.
3. Therefore, I direct the court below to not to proceed
with the trial of the suit till an order is passed in I.A.No.332/08 in
WPC 7756/2008 2
O.S.No.345/07. Then give a breathing time to the plaintiff and
then only put it in the list and dispose of it in accordance with
law.
The writ petition is disposed of as above.
M.N.KRISHNAN, JUDGE
csl