ABDUL AZEEZ Vs. GOPI

JUDGEMENT

(1.) The limited prayer sought for in this O.P. is for extension of time to deposit the Commission Batta and the Batta fixed for the Surveyor to measure out the disputed properties in O.S. No. 265 of 1999 pending before the Munsiff Court Varkala.

(2.) Heard the learned counsel for the petitioner as well the learned counsel for the respondents.

(3.) The suit filed by the plaintiff is one for fixation of boundary between the properties of the plaintiff as well the defendants and for injunction. The case was disposed of by the Court below in the year 2014. It was carried in appeal in A.S. No.360 of 2014. The learned District Judge as per judgment dated 20.08.2019 remanded the case for fresh trial and disposal after setting aside the judgment and decree. The learned District Judge has disposed of the appeal with a specific direction to dispose of the suit as expeditiously as possible not later than three months from 29.08.2019. The date was also fixed for the appearance of the parties and the parties appeared before the Court and thereafter both sides filed commission applications. The Court below allowed both the commission applications by separate orders (Exts.P10 and P14). Admittedly the respondents have deposited their batta as fixed by the Court within the time fixed for the same. But the petitioner herein/ plaintiff could not remit the batta as ordered by the Court below. It is submitted by the learned counsel for the petitioner that, the Advocate Clerk was laid up for few days due to Covid and so he could not appear before the Court and remit the batta for the petitioner. The counsel appearing for the petitioner is also a senior counsel. Therefore, he personally filed Ext.P16 application before the Court below on 08.10.2020 to permit him to remit the batta within a period of 30 days from 8.10.2020. The Court below by Ext. P15 order has rejected his request for further time to remit the batta as several months have elapsed and the time fixed for disposal of the case was also over by the time.