A NARAYANI Vs. KITTAN ALIAS KRISHNAN

JUDGEMENT

(1.) Petitioner is the plaintiff in O.S. No. 53 of 1993 on the file of the Munsiff's Court, Hosdurg. Suit was instituted for an injunction restraining the first respondent herein from trespassing over the plaint schedule property. In the suit, first respondent defendant filed an application for issue of commission. Commissioner visited the property and submitted a report on 22-3-1995.

(2.) Dissatisfied with the commission report, petitioner herein filed an application under O.26 R.10 C.P.C. to remit the commissioner's report and plan. Complaint of the petitioner was that the Commission did not measure the entire property of the defendant and had shown a portion of the suit property as part of defendant's property. It was alleged that the Commissioner went wrong in reporting that there was a clear stone path aged about 10 to 15 years to demarcate the suit property on the western side. Commissioner also did not assess the value of trees. Fist respondent herein filed objections to the petition denying all averments. It was stated there was no valid ground for remitting the commissioner's report and plan.

(3.) Trial Court considered the question as to whether there are sufficient grounds for remitting the commissioner's report and plan. Trial Court perused the report and plan filed by the Commissioner and found that Commissioner had measured the suit properties in accordance with the physical boundaries and had properly identified the same. Trial Court found that the commissioner had reported that the boundaries in the document tallied with the existing boundaries. After considering the entire matter, Trial Court came to the conclusion that there was no justification in interfering with the report and plan. Accordingly petition was dismissed. Aggrieved by the same, petitioner has approached this Court under Art.227 of the Constitution of India.