LATHIKAKUMARI C K Vs. GEETHA

JUDGEMENT

(1.) Respondent is served but there is no response.

(2.) This petition is in challenge of Ext.P4, order dated 05.07.2010 on I.A.No.879 of 2010 in O.S.No.119 of 2008 of the court of learned Munsiff, Adoor dismissing the application for appointment of an Advocate Commissioner to inspect the properties and fix boundaries with the assistance of a Surveyor. Learned counsel for petitioners contend that without a survey commission and fixation of boundaries the suit could not proceed further.

(3.) Petitioners filed the suit for fixation of boundaries between item Nos.1 and 2 and filed I.A.No.879 of 2010 for appointment of an Advocate Commissioner as above stated. Learned Munsiff dismissed the application stating that issues were framed on 22.01.2010 and inspite of repeated postings for taking pre-trial steps, petitioners had not taken steps. Application was dismissed for the reason of delay. Learned counsel states that after issues were framed there was only one posting and immediately thereafter I.A.No.879 of 2010 for appointment of commission is filed.