THANKAPPAN Vs. PREETHI

JUDGEMENT

(1.) PETITIONERS are the defendants in a Suit for Recovery of Possession. Challenge in the Original Petition is against Ext.P14 order passed by the learned Sub Judge, allowing an application moved by the plaintiffs to direct the Advocate Commissioner appointed to measure the properties as per old and resurvey records and to file separate plans. The above application was moved by the plaintiffs after the Advocate Commissioner deputed by the court had already conducted a local inspection and measured the properties covered by the lis. As against the order appointing the Advocate Commission, previously, petitioners/defendants had filed an Original Petition before this Court contending that such order was passed without taking note of the challenges raised by them that the suit itself is not maintainable, and further, it had been passed without taking note of their objection to the Commission application. Ext.P11 judgment was rendered in that Original Petition whereunder accepting the challenge canvassed that order passed without stating any reason by the Sub Judge was improper, it was held exercise of supervisory jurisdiction was not necessary since such order pertained to appointment of an advocate commission alone. The defendants/ petitioners herein were permitted to file a work memo to determine whatever matters essential for substantiating their contentions in the suit. After Ext.P11 judgment, plaintiffs moved Ext.P12 application for issue of direction to the Advocate Commissioner for measuring out the properties with reference to old and resurvey records and for preparing separate plans thereof. Though the defendants objected that request filing Ext.P13 objections, Ext.P14 order was passed by the learned Sub Judge, directing the Commissioner to measure the properties as per old and resurvey records and to prepare separate plans. That order is challenged invoking the visitorial jurisdiction of this Court.

(2.) I heard the counsel on both sides.

(3.) PER contra, learned counsel for plaintiffs would submit that for a fair and proper adjudication of the disputes and resolving the issues covered by the suit, measurement of the properties as per old and resurvey records is essential.