MAHAVISHNU DEITY AND DEVOTEES Vs. SHANA

JUDGEMENT

(1.) PLAINTIFF in O.S.No.1683 of 2008 of the Court of learned Munsiff, Irinjalakkuda is the petitioner, aggrieved by Ext.P3, order dated October 11, 2010 dismissing Ext.P2, application (I.A.No.499 of 2010) in O.S.No.1683 of 2008 for appointment of an Advocate Commission for measurement of the property with the assistance of a Surveyor. That application was dismissed by the learned Munsiff holding indirectly that petitioners have no locus standi to file the suit. Learned counsel for petitioners contended that the finding entered by the learned Munsiff is pre- mature and that request for survey of commission ought to have been allowed. Learned counsel for respondents 1 and 3 contend that application preferred by the petitioners is nothing but a luxury and that the litigation is vexatious.

(2.) ACCORDING to the petitioners, they have brought the suit for declaration of title to the property of the deity and for injunction. The plaint was taken on file and summons was issued to the respondents who filed written statement disputing the claim of petitioners. It is not disputed that along with institution of the suit an Advocate Commissioner inspected the property and submitted report. ACCORDING to the petitioners, there was trespass into the suit property by the respondents who took possession of about 6 cents of land out of the suit property and constructed a building thereon. It is in the circumstance that petitioners filed Ext.P2, I.A.No.499 of 2010 for appointment of an Advocate Commissioner to measure the properties including the alleged trespassed area with the assistance of a Surveyor. It is seen from Ext.P3, order that petitioners had produced a copy of settlement register and a copy of survey sketch of property in survey No.197/2. Learned Munsiff observed that though, the settlement register would show existence of a temple in survey 197/2, that document is no substitute for a title deed as it is a revenue record meant for collection of land revenue. A similar observation was made regarding the survey sketch produced by respondents.