J.S.MONIMON Vs. D.R.JOHNDAS

JUDGEMENT

(1.) The petitioners are the plaintiffs in O.S.No. 267/2012 of the file of the Sub Court, Neyyattinkara, who impugns the learned Sub Judge's Order in I.A.No.887/2015, allowing an application under Order 26, Rule 9, C.P.C. filed by the defendants.

(2.) The facts in a nutshell required for disposing this petition are thus:

(3.) The finding that the survey plan and a Commissioner's report is essential for avoiding disputes between the parties, is a perverse opinion. There is already a rough sketch and a report before the Court, which were submitted on the basis of the title deeds, purportedly executed by the plaintiffs. No objection, whatsoever, has been filed on the said Commission report, nor has he requested that the report be set aside. The measurement of the property will not serve any purpose other than harassing the plaintiffs. There is already a direction by this Court to dispose of the suit within a period of six months, and therefore, the trial court has gone wrong in allowing the application by appointment of the Commissioner to inspect and measure the property with the help of Surveyor. Hence, the petitioners herein seek interference of this Court.