RAMAN Vs. PONNI

JUDGEMENT

(1.) PLAINTIFF in O.S.No.150 of 2007 of the Court of learned Munsiff-Magistrate, Mannarkkad is aggrieved by Ext.P8, order dismissing I.A.No.623 of 2012 for remission of the report and plan.

(2.) PETITIONER prayed for a decree for prohibitory injunction concerning a pathway which according to the petitioner has width of 2.30 meters and which has access from the panchayath road to the property of petitioner. It is alleged that property of the respondent is situated on the south of the said way and they attempted to reduce width of the way. Survey commission was appointed to measure the property. Commissioner filed report and plan on 31.01.2012. According to the petitioner, himself and respondents preferred objection. Petitioner filed I.A.No.623 of 2012 on 04.09.2012 requesting to remit the report. That application was dismissed.

(3.) LEARNED Munsiff Magistrate has observed that report and plan were filed on 31.01.2012 but the application for remission came only on 04.09.2012 (in a suit filed in the year, 2007). Learned Munsiff-Magistrate also stated that the Advocate Commissioner has demarcated boundaries of the suit property and the way is also specifically shown in the plaint. 4. It is to be noted that neither the Surveyor nor Commissioner was examined in support of the plea in I.A.No.623 of 2012. Instead, after about 9 months of filing of the report and plan in a suit of the year, 2007, an application was preferred to remit the report which was rejected.