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
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W.P.(C) No. 30146 OF 2008
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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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