SIMON Vs. HARI

JUDGEMENT

(1.) The petitioner herein is the plaintiff in O.S. No.117/2013 of the Munsiff Court, Thodupuzha. The petitioner seeks disposal of Ext.P7 application before commencement of the trial in the said suit, which was listed to 1/12/2023. The petitioner seeks a further relief to effect survey and demarcation of the property on the basis of Ext.P3 judgment of this Court.

(2.) Heard the learned counsel for the petitioner and the respondents.

(3.) Learned counsel for the petitioner submits that, based on the contention that a portion of the plaint schedule property is included in the title deed of the defendants, detailed directions were given to measure out the property of the petitioner/plaintiff and the respondents/ defendants, vide Ext.P3 judgment. The measurement directed vide Ext.P3 could not be conducted on account of the non co-operation of the respondents/defendants. It was also pointed out that against Ext.P3 judgment, a revision petition has been filed by the respondent herein, as R.P.No.120/2018. In the meantime, Ext.P6 order was passed, closing the petitioner's commission application for non-prosecution, which was also challenged before this Court in O.P.(C) No.768/2019. According to the learned counsel, without effecting measurement as directed in Ext.P3, the suit shall not be listed for trial. Such a course would defeat the very purpose of the suit, besides being in defiance of Ext.P3 judgment. On such premise, the reliefs first above referred are sought for. The above submissions were seriously opposed by the learned counsel for the respondents.