IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 24047 of 2007(K)
1. ABDUL LATHEEF HAJI
... Petitioner
Vs
1. SHEREEFA
... Respondent
For Petitioner :SRI.K.S.RAJESH
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :10/08/2007
O R D E R
M.N.KRISHNAN, J.
-----------------------------
WP(C)No. 24047 OF 2007 K
-----------------------------
Dated this the 10th August, 2007.
JUDGMENT
This writ petition is preferred to set aside the order
passed by the Munsiff, Kodungallur in I.A.921/06 in
O.S.403/04. It is an application filed for setting aside
the commissioner’s plan and report. The Taluk Surveyor,
the Advocate Commissioner and the plaintiff were examined
as P.Ws 1 to 3. So, as far as the evidence of P.W.3, the
plaintiff is concerned the court has observed that he has
not gone through Exts.C1 and C1(a) report and plan. So
less about his evidence the better. In the application
also what the party has chosen is to have his own choice of
a surveyor, a private surveyor who is an Advocate also and
he submits a plan and report and wants to set aside the
plan and report prepared by the commissioner who is
appointed by the court. Nothing has been brought out as is
seen from the order of the learned Munsiff to totally
reject the commissioner’s plan and report. Just because a
private surveyor has visited the property and had given a
plan to the party, it will not be a ground to set aside
another plan and report submitted by an Advocate
Commissioner with the assistance of a surveyor. Therefore,
I do not find any merit in the writ petition and it is
WPC 24047/07 2
dismissed. But I make it clear that the dismissal of this
shall not be a bar to the present writ petitioner in
adducing evidence against the commissioner’s plan and
report at the stage of evidence.
M.N.KRISHNAN
Judge
jj