GEORGE Vs. NIDHIN B. PARAPATTU

JUDGEMENT

(1.) Is there any rigid rule that a Commissioner with assistance of Surveyor to measure the plaint schedule property shall not be appointed in any contingency, in a Suit for simple injunction ?

(2.) This Original Petition(Civil) has been filed under Article 227 of the Constitution of India. The petitioner herein is the plaintiff in O.S.No.148/2018 pending before the Munsiff Court, Perumbavoor. He is aggrieved in the matter of dismissal of I.A.No.2268/2019 filed by the petitioner, who is the plaintiff in the above Suit, to appoint a Survey Commission to measure out the properties of the plaintiff as well as the defendants on the basis of the title deed to locate the same specifically.

(3.) As per order dtd. 29/6/2020, the learned Munsiff dismissed the application mainly on the ground that in a Suit for simple injunction, the question to be decided was whether the plaintiff had possession over the plaint schedule property and in such a Suit the commission report already filed along with rough sketch would be sufficient to decide the dispute between the parties.