JOHNY PARANJUKUTTY Vs. KURUMBA

JUDGEMENT

(1.) Petitioner is plaintiff and respondent defendant in O.S.566/98 on the file of Munsiff Court, Vadakkancherry. A Commission was appointed in the suit. The Commissioner submitted a report and plan. Petitioner filed I.A.867/01, an application under Order XXVI Rule 10 of Code of Civil Procedure to set aside the report and plan. Under Ext.P5 order, learned Munsiff dismissed the application. It is challenged in this petition filed under Article 227 of Constitution of India.

(2.) Learned Counsel appearing for petitioner was heard.

(3.) Arguments of learned Counsel appearing for petitioner was that the evidence of PW1, Surveyor shows that Commissioner did not measure the property on the basis of the measurements shown in the title deed of petitioner and without measurement, Commissioner submitted the report and learned Munsiff accepted the report and if that be so, no purpose will be served by proceeding with the trial of the suit and without proper identification and the dispute cannot be settled and therefore Ext.P5 order is to be quashed.