VASUDEVAN NAIR Vs. MURALEEDHARAN

JUDGEMENT

(1.) The Respondent filed O.S. No. 386 of 2009 on the file of the Court of the Munsiff, Muvattupuzha against the Petitioners for declaration of title and for permanent prohibitory injunction restraining the Defendants from trespassing upon the plaint schedule property. The suit was filed on 21-8-2009. Along with the suit, I.A. No. 2310 of 2009 for temporary injunction and I.A. No. 2311 of 2009 for appointment of a Commissioner were filed. A Commissioner was appointed as per the order dated 22-8-2009. In the injunction application, notice was ordered and the application was posted to 10-9-2009. On 10-9-2009 the following order was passed.

(2.) On 8-9-2009 the Plaintiff filed I.A. No. 2417 of 2009 to appoint a Commissioner. In the application for appointing a Commissioner, the Plaintiff stated that after the date of first inspection, the Defendants cut down trees and committed mischief. I.A. No. 2417 of 2009 was filed for a direction to the Commissioner to ascertain the changes affected to the property, the details of the trees cut etc.

(3.) On 10-9-2009, the court below allowed I.A. No. 2417 of 2009 and appointed the same Commissioner to inspect the property.