NISAM Vs. SREEDEVI

JUDGEMENT

(1.) THE petitioners, defendants in O.S.No.664 of 2009 on the file of the Court of the Munsiff of Kollam, are aggrieved by Ext.P3 order dated 13.10.2010, by which, the court below allowed the application for appointing a Commissioner to measure out the plaint schedule property.

(2.) THERE was an earlier suit which was decreed in favour of the respondent/plaintiff. The present suit is filed by the respondent/ plaintiff for recovery of possession. In the suit, the defendants filed an application to remove the case from the list on the ground that an application was filed in the earlier suit to set aside the exparte decree passed therein. The court below was not inclined to remove the case from the list. The trial went on. After conclusion of trial, the plaintiff filed I.A.Nos.4509 of 2010 and 4508 of 2010 for accepting certified copy of a document and to appoint a Commissioner. The court below by Ext.P3 order dated 13.10.2010 appointed a Commissioner, which is under challenge in this Original Petition.