IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 OP(C).No. 3129 of 2011(O) ------------------------------------ AGAINST THE ORDER IN IA 1705/2011 IN OS.705/2007 of PRL.MUNSIFF COURT, CHERTHALA .............................. PETITIONER(S) / RESPONDENT: ---------------------------------------------- JACOB JOHN, S/O.DEVASSYA JOHN, RESIDING AT KURAVANVELIYIL HOUSE, BEHIND ASWATHY PETROLEUM AGENCY, CHERTHALA SOUTH VILLAGE, CHERTHALA P.O., CHERTHALA TALUK. BY ADVS. SRI. V. M. KURIAN SRI. K.T.THOMAS RESPONDENT(S) / PETITIONER: --------------------------------------------- SEBASTIAN JOHN, S/O. DEVASSYA JOHN, RESIDING AT PARK VIEW BUNGALOW, KOKKOTHAMANGALAM VILLAGE, CHERTHALA TALUK, MARUTHOVATTOM P.O., ALAPPUZHA DISTRICT PIN - 688 545. BY ADV. SRI.K. RAMANATHAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV OPCNO.3129/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF APPLICATION FOR APPOINTING ADVOCATE COMMISSIONER FILED BY THE PLAINTIFF. EXT.P2: COPY OF THE WORK MEMO SUBMITTED BY THE DEFENDANT. EXT.P3: COPY OF THE INTERIM REPORT SUBMITTED BY THE COMMISSIONER. EXT.P4: COPY OF LITHO PLAN PRODUCED BY THE PLAINTIFF. EXT.P5: COPY OF I.A. NO. 1705/2011 FILED BY THE PLAINTIFF. EXT.P6: COPY OF OBJECTION FILED BY DEFENDANT. EXT.P7: COPY OF THE ORDER DATED 06.08.2011 IN I.A.NO.1705/2011 IN O.S.NO.705/2007 PASSED BY THE PRINCIPAL MUNSIFF, CHERTHALA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3129 of 2011 ==================================== Dated this the 13th day of December, 2011 J U D G M E N T Exhibit P7, order passed by the learned Principal Munsiff, Chittur on I.A. No.1705 of 2011 in O.S. No.705 of 2007 is under challenge at the instance of petitioner-defendant. 2. As per the impugned order learned Munsiff directed that properties can be measured out by using the litho plan, original survey plan and relevant documents. Grievance of petitioner is that for measurement a private Surveyor has been appointed when there is no difficulty to direct the Taluk Surveyor to assist the Commissioner. Further grievance is that litho plan produced by the respondent cannot be made use of as it does not provide side measurement and hence is not useful to resolve the issue. Learned counsel submitted that if the original litho plan is available with the Revnue/Survey authorities it has to be summoned for measurement of rest of the property. 3. Learned counsel for respondent submitted that except a few disputed sub divisions measurement of the property is already over. According to the learned counsel measurement can be continued with the litho plan produced by the respondent. O.P(C) No.3129 of 2011 -: 2 :- 4. Since I am told that measurement has already begun and what remains is only measurement of the disputed sub divisions, I do not think it necessary or appropriate to change the Surveyor. 5. So far as the rest of grievance of petitioner is concerned, it is open to the learned Munsiff to decide whether the original litho plan has to be summoned from the authority concerned so that it could be made use of for further measurement. To the above extent the order under challenge is modified. Original Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv