RAJU Vs. DEVI KRISHNAN

JUDGEMENT

(1.) The plaintiff in O.S.No.497 of 2010 on the file of the court of the Principal Munsiff, Palakkad, challenges the order dated 25th November, 2010 in I.A.No.3189 of 2010 by which the court below rejected the prayer made by the petitioner to remit the Commissioner's report and plan.

(2.) The petitioner is the plaintiff. He claims a right of way through the plaint B schedule property. The claim is disputed by the respondents. A Commissioner was appointed to inspect the property. He submitted a sketch and report. The plaintiff wanted a further inspection by the Commissioner to measure and locate the plaint A and B schedule properties on the basis of the plan in the final decree for partition in which the parties to the suit were parties. The court below held that it is not necessary to remit the Commissioner's report and sketch. The plaintiff and the defendants were parties to the suit for partition in which a final decree was passed. It is stated in the order that pathways are provided to the sharers for ingress and egress to the respective plots. The plaintiff claims an implied grant over the plaint B schedule property. The question is whether the plaintiff has such a right. For a decision of that dispute, it is not necessary to remit the Commissioner's report. The order passed by the court below is right. No interference is called for in exercise of the jurisdiction under Article 227 of the Constitution of India. Accordingly, the Original Petition is dismissed.