T J MATHEW Vs. T I GEORGE

JUDGEMENT

(1.) THE petitioner is the plaintiff in O.S.No.55 of 2011 on the file of the Court of the Munsiff of Chengannur. THE suit was filed for a permanent prohibitory injunction restraining the defendants from trespassing upon the plaint schedule property and causing obstruction to the plaintiff in constructing a compound wall on the boundary of the plaint schedule property. It is stated that an application for temporary injunction was filed by the plaintiff. THE court below granted interim injunction. A Commissioner was appointed at the instance of the plaintiff, in whose presence the compound wall was constructed by the plaintiff. THE defendants raised a contention that the compound wall was constructed not on the boundary of the plaint schedule property, but encroaching upon their property. THEy also relied on the Commissioner's report and plan in another suit. THE defendants filed an application for appointing a Commissioner to measure out the property. THE same Commissioner was appointed by the court. It is stated by the learned counsel for the defendants that the Commissioner executed the work.

(2.) BEFORE the Commissioner inspected the property, the plaintiff filed I.A.No.310 of 2011 (Ext.P3)to appoint a surveyor to assist the Commissioner and to note the boundaries of the plaint schedule property in accordance with the resurvey plan. It is stated in the application that it is necessary to find out whether the compound wall was constructed within the property of the plaintiff. The grievance of the plaintiff is that I.A.No.310 of 2011 is not disposed of. It is pointed out that the defendants filed Ext.P4 application (I.A.No.282 of 2011) for vacating the order of injunction and to grant an interim mandatory injunction directing the plaintiff to remove the newly constructed compound wall allegedly encroaching upon the defendant's property. I.A.No.282 of 2011 is pending disposal. The learned counsel for the respondents/defendants submitted that I.A.No.282 of 2011 was heard on 5.4.2011.