High Court Kerala High Court

Yohannan vs Ramakrishnan on 14 October, 2008

Kerala High Court
Yohannan vs Ramakrishnan on 14 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30146 of 2008(L)


1. YOHANNAN, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



1. RAMAKRISHNAN, AGED 75 YEARS,
                       ...       Respondent

2. THOMAS ALLESH, CHALAKKARA PUTHEN

3. JOSEPH ALLESH, CHALAKKARA

4. ANTONY, CHALAKKARA PUTHEN VEEDU,

5. PAPPAN, CHALUVELIL HOUSE, DO....

6. KUNJUNJAMMA, OF DO......

7. PARVATHI NARAYANAN ACHARI,

8. GOPALAN ACHARI, DO....DO....

9. CHELLAPPAN ACHARI, OF DO.....

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :14/10/2008

 O R D E R
                         M.N. KRISHNAN, J
                      --------------------------
                   W.P.(C) No. 30146 OF 2008
             --------------------------------------------
              Dated this the 14th day of October, 2008


                          J U D G M E N T

This writ petition is filed for a direction to the Munsiff

Thiruvalla to consider I.A. 2485/07 before proceeding with the trial

of the case. It is an application filed for setting aside the

Commissioner’s plan and report. When such an application is filed it

is imperative on the part of the court to consider that application

and pass orders so that any party aggrieved may be able to

ventelate his grievance in the appropriate forum. It is not proper

to include the case in the list when an application for setting aside

the Commissioner’s plan and report is pending. Therefore I direct

the Munsiff, Thiruvalla to consider I.A. 2485/07 in O.S. 755/2000

and pass appropriate orders after permitting both parties to adduce

evidence in the said matter. Till the disposal of the said I.A the

learned Munsiff is directed not to proceed with the trial of the

case.

Writ Petition is disposed of accordingly.

M.N. KRISHNAN, JUDGE
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