IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 OP(C).No. 4270 of 2011(O) ----------------------------- OS.259/2011 of II ADDL.M.C.,TRIVANDRUM ................................... PETITIONER/DEFENDANT : ------------------------------------ MOHANAN NAIR, S/O.SIVARAMA PILLAI THEKKEPERU VEEDU, RANDAMADA MURI, PEROORKADA VILLAGE, THIRUVANANTHAPURAM BY ADVS. SRI.M.R.SASITH PANICKER, SRI.M.R.SARIN PANICKER RESPONDENT(S)/PLAINTIFF : ---------------------------------------- GIRIJA KUMARI, D/O.THANKAMMA, ABHILASH BHAVAN, MANALOOR, CHERIYAKONNI, THIRUVANANTHAPURAM - 695 012. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV OP(C).No. 4270 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1. : COPY OF PLAINT FILED BY THE RESPONDENT. EXT.P2. : COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER. EXT.P3. : COPY OF APPLICATION FOR APPOINT ADVOCATE COMMISSION. EXT.P4. : COPY OF OBJECTION FILED BY THE RESPONDENT. EXT.P5. : COPY OF ORDER PASSED BY THE HON'BLE ADDITIONAL MUNSIFF COURT IN in accordance with law 7366/2011 IN OS 259/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO JUDGE AMV THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4270 of 2011 --------------------------------------- Dated this 23rd day of December, 2011 JUDGMENT Petitioner is the defendant in O.S.No.259 of 2011 of the Court of learned Additional Munsiff-II, Thiruvananthapuram. That is a suit filed by the respondent for a declaration of her title over the suit property, recovery of possession and prohibitory injunction against trespass. Petitioner raised various contentions disputing title of respondent and identity of property. Petitioner filed I.A.No.7366 of 2011 to appoint a survey commission to identify the properties. The application was allowed in part. Challenge is to that part of the order disallowing part of the request. 2. It is contended by the learned counsel that if survey commission is appointed and measurement is done as requested in the application, that will resolve the whole dispute. 3. I am inclined to think, as learned Munsiff has pointed out in Ext.P5, order that respondent having sought a declaration of her title and recovery of possession of the property it is for the respondent to get the property measured with respect to the relevant documents. There is no reason why petitioner should O.P(C).No.4270 of 2011 -: 2 :- take up that responsibility. Learned Munsiff has rightly disallowed prayer in I.A.No.7366 of 2011 to the extent it concerned measurement of properties and regarding the rest of the request, learned Munsiff thought that it is necessary to ascertain those matters and allowed it. Having heard learned counsel and gone through the order, I do not find reason to interfere. This original petition is dismissed. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-