RAJENDRA PRASAD K Vs. B B SHANAVAS

JUDGEMENT

(1.) Plaintiffs in a suit for recovery of possession on the strength of title are before this Court challenging Ext.P5 order whereby the application of the defendants for appointing a survey commission was allowed by the court below.

(2.) In the suit, a Commissioner was originally deputed with the assistance of a Surveyor, who prepared a plan and report. The defendant filed I.A. No.3500/2011 to set aside the report and plan. The application was dismissed. Thereafter, the defendant approached this Court by filing O.P(C) No.4564/2013 challenging above dismissal. This Court by judgment dated 17.12013 dismissed the original petition, however, leaving open the rights of the defendant to bring to the notice of the trial court regarding the non-acceptability of the Commissioner's report and plan and also to seek for appropriate orders, after the trial is over.

(3.) Thereafter, the defendant again filed I.A. No.575/2014 seeking appointment of a survey commission. As per Ext.P4 order, the same was dismissed. The suit went for trial. The plaintiffs' evidence is over and the defendant's evidence is going on. The Commissioner and Surveyor were examined as DWs.3 and 4. Thereafter, the defendants filed I.A. No.2120/2017 seeking appointment of a survey commissioner to measure out the property on the basis of old survey plan. As per the impugned order, the court below allowed the said application.