MYTHEEN KUNJU Vs. AZEEZ KUNJU

JUDGEMENT

(1.) This petition under S.115 of the Code of Civil Procedure is by the defendant in O.S. No. 25 of 1988. Upon an application by plaintiff who is the respondent to this petition a commission was appointed under R.9 of O.26 of the Code of Civil Procedure (hereinafter referred to as the Code) for the purpose of measuring and demarcating the property in the suit. The commission visited the property on 25-6-1989 and filed his report with a plan, on 30-1-1990. The defendant filed LA No. 2893 of 1990 and prayed that the report of the commissioner and the plan, be set aside. The learned Munsiff, Kayamkulam, dismissed the application. The order of dismissal of I.A No. 2893 of 1990 is impugned by the defendant.

(2.) The facts giving rise to this petition are briefly as under:

(3.) The learned judge considered the evidence. He accepted the explanation of the Commissioner that notwithstanding absence of checklines in the plan, the schedule A property includes the orange and red portions acquired for the road. He rejected the application.