JUDGMENT

The petitioners in this Writ Petition filed under Art. 227 of the Constitution of India are the plaintiffs in O.S. 113 of 2007 on the file of the Ist Addl. Munsiff Court, Kozhikode. The respondent herein is the defendant in the said suit which was one for a mandatory as well as prohibitory injunction. At the instance of the plaintiffs an Advocate Commission was issued by the court below for local inspection and report. The Commissioner, a lady, filed the report and plan before the court. Thereafter the petitioners filed I.A. 842 of 2008 to set aside the plan and report of the Commissioner. The said application was dismissed by the court below. Aggrieved by the order of the court below the petitioners filed W.P.C. 9896 of 2008 before this Court. This Court disposed of the Writ Petition without setting aside the report and plan of the Commissioner and observed as follows:

“Therefore I permit the petitioners to adduce evidence against the commissioner's plan and report which they are attacking and if the court is convinced that the said plan and report are not helpful to the Court for a proper disposal of the matter, then certainly the court shall either remit suit, or set as