K.P.JEYAPAUL ASAN Vs. KUNJUPILLAI

JUDGEMENT

(1.) This petition is filed against the order passed in I.A.No.868 of 2014 in O.S.No.426 of 2010 on the file of the learned Principal District Munsif, Padmanabhapuram, dated 05.12.2014.

(2.) The petitioner is the plaintiff, respondents are the defendants in the suit in O.S.No.426 of 2010. The suit was filed for a prayer of declaration and for permanent injunction and for a mandatory injunction, directing the defendants to remove the encroachments made on the pathway. The first defendant filed a petition in I.A.No.868 of 2014 for reissuing the Commissioner Warrant. The petition was allowed by the learned Principal District Munsif, Padmanabhapuram. Against that order, the petitioner has filed this Civil Revision Petition.

(3.) The first respondent herein has filed the petition, stating that the Advocate Commissioner has visited the suit property and has filed a report and plan, but, the first respondent was not able to file a memo before the Advocate Commissioner. The plaintiff has filed two amendment petitions and carried out amendments twice and this amendments necessitate the respondent to file a petition for re-issuance of the Commissioner Warrant and it is necessary that the Commissioner to re-visit the property and to file a fresh report and plan.