ABDUL RASAK Vs. ARUMUGHAN

JUDGEMENT

(1.) EXHIBIT P4, order passed by the learned Principal Munsiff, Palakkad on I.A. No.2418 of 2010 in O.S. No.217 of 2004 is under challenge.

(2.) PETITIONER sued the respondent for a decree for prohibitory and mandatory injunction. The case of petitioner is that plaint B schedule pathway originating from the canal bund road on the extreme east passes through the southern side of the property of respondent and reaches the plaint A schedule belonging to the petitioner which according to the petitioner is his only means of access to the plaint A schedule. It is the further case of the petitioner that the respondent trespassed into the plaint B schedule road and constructed a fence.

(3.) PETITIONER was not satisfied with that report and plan as well and filed I.A. No.2418 of 2010 to remit the same. Main grievance of the petitioner is that though the order on I.A. No.2418 of 2010 directed the Advocate Commissioner to measure the property of the respondent with respect to his documents of title, no attempt was made in that way.