VIJAYAN NAIR Vs. MOHANAN

JUDGEMENT

(1.) THOUGH notice was served on the respondent, there is no appearance.

(2.) THE petitioner, the plaintiff in O.S.No.84 of 2007 on the file of the Munsiff's Court, Punalur, is aggrieved by the order dated 23.8.2010 (Ext.P5), by which, the court below dismissed the application filed by the plaintiff for appointing a Commissioner.

(3.) IN the peculiar facts and circumstances of the case, I am of the view that an opportunity should be given to the petitioner to take out a Commission. Accordingly, the order dated 23.9.2010 in I.A.No.2250 of 2008 is set aside. The Commission application shall stand allowed. The Commissioner shall inspect the property after giving notice to both parties. Learned counsel for the petitioner undertakes that the petitioner will co-operate with the Commissioner and that he will not create any room for any complaint of non-co- operation. It is also submitted that by some chance, if the petitioner is not physically able to accompany the Commissioner to the property, the petitioner will make necessary arrangements so that somebody else on his behalf would do the needful to ensure that the Commissioner would be able to inspect the property. The Original Petition is allowed as above.