IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2156 of 2010(O)
1. DEEPA VIMAL, W/O.VIMAL,
... Petitioner
2. SASRASWATHI W/O.BHASKER,
Vs
1. V.MENON RAGHAVAN MELETH
... Respondent
2. DR.M.VENUGOPALAN, NAKKANETH,
3. PADMAJA VENUGOPAL,
4. M.S.MENON, 30-GANGA APARTMENTS
5. LAKSHMIKUTTY, MELETH LANE,
6. K.P.VISALAKSHI, B11-SILVER PALM
7. K.P.UNNIKRISHNAN,
8. DR.SAROJAM KARUNAKARAN,
9. DR.INDIRA MELETH,
For Petitioner :SRI.K.R.VINOD
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :22/01/2010
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.2156 of 2010
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Dated this the 22nd day of January, 2010
JUDGMENT
The petitioners are the defendants 1 and 2 in
O.S.No.740/08 on the file of the 2nd Additional Sub
Court, Ernakulam. The above suit is one for recovery
of possession and the respondents are the plaintiffs.
2. Respondents 1 to 3 are the plaintiffs in the
suit and the other respondents are the co-defendants
resisting the suit. The petitioners/defendants have
filed a written statement in which among other
contentions, they have disputed the identity of the
suit property as well. On the application of the
plaintiffs/respondents 1 to 3, an advocate
commissioner has been appointed to measure out the
suit property with the assistance of a private
surveyor. Imputing bias and partiality on the part of
the surveyor deputed to assist the advocate
W.P.(C).No.2156 of 2010
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commissioner and seeking his removal and
appointment of a Taluk Surveyor in his place, the
petitioners, it is submitted, had moved Ext.P3
application before the court below. That application,
after hearing both sides, it is submitted by the
counsel, was dismissed on 11.12.2009. Though the
petitioners have applied for issue a carbon copy of
the order, the grievance canvassed is that till date, it
has not been furnished. The petitioners have,
therefore, filed the present writ petition, invoking the
supervisory jurisdiction vested in this court for issue
a writ, direction or order to the court below to issue a
copy of the order passed on Ext.P3 application and,
also to provide a breathing time to challenge that
order by keeping in abeyance the measurement of the
suit property for a short period.
3. Considering the submissions made and
taking note of the facts and circumstances, I find, no
W.P.(C).No.2156 of 2010
:: 3 ::
notice to the respondent is necessary and it is
dispensed with. There will be a direction to the court
below to issue a copy of the order passed on Ext.P3
application, if already applied for, within a period of
five days from the date of receipt/production of a
copy of this judgment. The court below shall also
give a direction to the advocate commissioner to
defer the measurement of the suit property for a
period of two weeks from the date of this judgment.
Writ petition is disposed of as above.
Hand over a copy of this judgment to the
learned counsel for the petitioner on usual terms and
send a copy to the court concerned forthwith.
Sd/-
(S.S.SATHEESACHANDRAN)
JUDGE
SK/-
//true copy//
P.S. to Judge.