P. SARATHCHANDRA MALLAYA Vs. P. NAVEENCHANDRA MALLAYA

JUDGEMENT

(1.) This Revision Petition is directed against the order dated 15.12.1998 in I.A. 2612 of 1998 is O.S. 340 of 1997 passed by the Additional Munsiff of Cochin. By the impugned order the learned Munsiff had dismissed the application to depute one more commissioner to inspect the plaint schedule property and report certain facts.

(2.) The suit is one for declaration of the right of easement and for mandatory injunction to remove the obstructions. The suit was filed on 9.6.1997. The defendant entered appearance on 19.7.1997. Written statement was filed on 20.10.1998. Issues were settled on 11.11.1998. The matter was listed for trial on 11.12.1998. It is in these circumstances that I.A. 2612 of 1998 was filed on 9.12.1998.

(3.) Earlier another I.A. to depute a commissioner was filed alongwith the suit on 9.6.1997. Admittedly report has been filed by the commissioner. No objections were raised against the said report. In the said report the present request was not made, it is conceded.