MARY JAMES Vs. SARASWATHY AMMA

JUDGEMENT

(1.) THE court below has by the order impugned refused to remit the report and plan of the Advocate Commissioner mainly on the ground of delay. The suit is one for declaration of a right of easement and for consequential injunction. The existing report and plan of the Advocate Commissioner only pertains to the alleged violation of the order of injunction. It should be noticed that the plaint has since been amended by virtue of the judgment in WP(C) No. 29695/2009. The trial of the suit also remained stayed by virtue of the interim order in this Original Petition. I am inclined to extend an opportunity to the petitioner to have the disposal of the application filed to remit the report and plan on merits. I set aside the impugned order and remand I.A. No. 775/2011 in O.S. No. 80/2008 on the file of the court of the Munsiff of Moovattupuzha. The court below shall afford opportunity to the parties to adduce evidence and then dispose of I.A. No. 775/2011 on merits. The same shall be done within a period of one month from the date of receipt of a copy of this judgment.