M. A. BENNICHAN Vs. DEVASSIA

JUDGEMENT

(1.) Impugned Ext.P5 order dated 10.07.2015 passed by the learned Munsiff, Kalpetta, is challenged by the plaintiffs in O.S.No.349/2015.

(2.) Suit was laid for a decree of injunction. Plaint 'A' and 'B' schedule are the suit properties. The plaintiffs sought the defendant to be restrained from entering into any part of plaint 'A' and 'B' schedule properties. It is stated that the defendant filed a counter claim disputing the identity of the suit items. On a former occasion, an urgent commission was taken out and a report and sketch were filed on 23.05.2014. The plaintiffs filed I.A.No.349/2015 to remit the report to the same Commissioner and to prepare a report and plan with reference to Field Measurement Book, title deed of the plaintiffs etc. Despite the defendant in the suit not having raised any objection to the request for remittal of the report and issue of fresh commission, the court below by the impugned order dismissed the application.

(3.) I heard the learned counsel for the petitioners and the respondent.