CHERIAN @ KUNJU Vs. JOSEPH

JUDGEMENT

(1.) HEARD .

(2.) THE petitioners are the defendants in OS No.37/2012 of the Munsiff Court, Muvattupuzha. The suit was filed by the respondent for restitution of possession. According to the respondent/plaintiff, he and his wife obtained the property as per sale deed no.838/1/11 dated 29.04.2011 of SRO, Koothattukulam. Allegedly, though in the sale deed, the extent of the property is shown as 80 cents, on actual measurement, it has an area of 82= cents with a 'kayyala' on the southern boundary. The case of the respondent was that the petitioners, who are the defendants, destroyed the 'kayyala' on the southern boundary and forcibly took possession of the southern portion of his property, which is specifically indicated as plaint 'A' schedule property in the plaint. The petitioners, who are the defendants, are having property on the southern side of the plaint 'A' schedule property.

(3.) TO prove the case of the respondent, he sought the intervention of the court to measure out the property by an Advocate Commissioner. Therefore, he filed Ext.P3, IA No.1613/2012, to measure his property as well as the remaining property of the petitioners. The Advocate Commissioner appointed by the trial court submitted the report and sketch. The petitioners want to quash Ext.P5 order on Ext.P3 application.