IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32732 of 2007(V)
1. SHERLY THOMAS, PANANATTATHU HOUSE,
... Petitioner
Vs
1. STANLY P.THOMAS, SOUMYA BHAVAN HOUSE,
... Respondent
2. ELIZABETH STANLY, W/O.STANLY P.THOMAS,
3. JOSEPH ANTONY, CHERUVIL HOUSE,
4. THE DISTRICT SUPERINTENDENT OF
For Petitioner :SRI.C.S.MANILAL
For Respondent :SRI.KKM.SHERIF
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :30/06/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.32732 of 2007
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Dated this the 30th June, 2008.
J U D G M E N T
Petitioner is the plaintiff in O.S.No.154 of 2006, on the
file of the Munsiff Court, Kanjirappally. The suit is one for injunction.
Respondents are the defendants. Petitioner applied for appointment of
a commission. A commissioner was appointed. Commissioner with the
assistance of the surveyor prepared a plan and submitted Ext.P2
report. Petitioner filed I.A.No.814 of 2007, an application to set aside
the report, contending that property was not properly identified. In
that application, surveyor was examined as PW.1. Learned Munsiff,
on the materials placed, dismissed the petition, holding that at this
stage, the report cannot be set aside. It is challenged in this petition
filed under Article 227 of the Constitution of India.
2. The learned counsel appearing for the petitioner and
respondents were heard.
3. On hearing the counsel appearing for both sides and
on going through Ext.P5 order, and Ext.P4 copy of the deposition of
W.P.(C) No.32732 of 2007
2
the surveyor, it is clear that there are omissions in the report, which
could be corrected, if the report is remitted back to the Commissioner.
Learned Munsiff should have remitted the report back to the
Commissioner to file a further report, in the light of the objections
raised.
The writ petition is allowed. Learned Munsiff is directed
to remit the report and plan filed by the Commissioner, to the
Commissioner to file a further report, in the light of the objections
raised by the petitioner in I.A.No.814/2007. Expense of the
Commissioner shall be met by the petitioner.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.