MUHAMMED FAVAS Vs. BASHEER

JUDGEMENT

(1.) The petitioner, who is the 1st plaintiff in O.S.No.120/2016 on the file of Munsiff's Court, Perinthalmanna, is before this Court in this original petition filed under Article 227 of the Constitution of India, seeking an order to set aside Ext.P4 order dated 22.8.2017 of the said court, whereby I.A.No.869/2017 filed in that suit, under Order XXVI Rule 10A of the Code of Civil Procedure, 1908, seeking an order to depute an Advocate Commissioner and to get a report and sketch of the Assistant Engineer (LSGD), after inspecting Irumbiliyil Srambickal Kallodumbu road in Ward No.7 of Moorkkanadu Grama Panchayat, after noting its nature and other details, stands dismissed.

(2.) On 31.8.2017, when this original petition came up for admission, this Court admitted the matter on file and issued notice by speed post to the respondent, who is the defendant in O.S.No.120/2016. This Court has also granted an interim stay of all further proceedings in O.S.No.120/2016 on the file of Munsiff's Court, Perinthalmanna, for a period of one month. The said interim order, which was extended from time to time, is still in force.

(3.) Heard the learned counsel for the petitioner/1st plaintiff and also the learned counsel for the respondent/defendant.