IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 OP(C).No. 266 of 2011(O) ------------------------ OS.756/2005 of II ADDL.MUNSIFF COURT,TRIVANDRUM .................... PETITIONERS: -------------------- 1. J.MOHANDAS, TC.XV/584, UDHARASIROMANI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM-10. 2. ANANDAMAYI, TC.XV/584,UDHARASIROMANI ROAD, VELLAYAMBALAM, THIRUVANANTHAPURAM-10. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): ------------------------- SEENA AJITH, AMBUJALAYAM, MUTTADA PO THIRUVANANTHAPURAM 695 540. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------- O.P.(Civil) No.266 of 2011 O -------------------------------------- Dated this the 20th day of January, 2011 JUDGMENT The petitioners, the defendants in O.S.No.756 of 2005, filed I.A.No.8745 of 2010 to appoint a Commissioner to measure the property of the defendants in accordance with the survey and also in accordance with the measurements shown in the title deeds. The court below, by the order impugned in this Original Petition, dismissed the application. 2. The court below held that a survey commission report identifying the plaint schedule property was already submitted in the case. Thereafter, the suit was listed for trial. The defendants remained ex-parte. An ex-parte decree was passed. Later, on the application made by the defendants, the ex-parte decree was set aside. Only O.P.(Civil) No.266 of 2011 2 thereafter, the petitioners filed the application to issue a commission. The court below held that the survey commission report already submitted identifies the plaint schedule property. No counter claim is put forward by the defendants. The application is also highly belated. The reasons stated by the petitioners for the delay cannot be accepted. 3. Cogent reasons have been stated by the court below for dismissing the application. No interference is called for under Article 227 of the Constitution of India. The Original Petition is accordingly dismissed. K.T.SANKARAN JUDGE csl