REVI Vs. SOBHANA

JUDGEMENT

(1.) The petitioners are the defendants in OS No.10/2008 on the file of Munsiff's Court, Nedumangad. The suit is one for injunction against the trespass and also to prevent the defendants and their men from widening the disputed pathway adjoining the plaintiffs' property. The plaintiffs had filed Ext.P3 application for taking out commission in which it is prayed that the properties will have to be measured and the changes to the lie of the properties as described in an earlier commission report be noted by the commissioner.

(2.) The defendants filed Ext.P4 application for noting certain matters by the commissioner. The learned Munsiff allowed Ext.P3 application. But Ext.P4 was dismissed vide Ext.P5 order in which it is stated that since the plaintiffs have already filed an application for measurement of the property which was allowed on merits, there is no need for the petitioners' prayer to be allowed. After the dismissal of the application, the petitioners filed another application as Ext.P6 and to that the plaintiffs filed Ext.P7 objections. Considering the objections and the prayer for appointment of a commissioner, the learned Munsiff vide Ext.P8 order dismissed the application holding that the petitioners had already filed IA No.3557/2010 (Ext.P4) for the same relief, which was dismissed by the Court after hearing both sides on merits. Hence, the IA was dismissed.

(3.) Though the respondents were served, none appeared. Heard the counsel for the petitioners.