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Judgment
7 paragraphs · 344 wordsC. Jayachandran, J
Heard the learned counsel for the petitioner. Having regard to the limited relief sought for, issuance of the notice to the respondent is dispensed with.
Petitioner is the plaintiff in O.S.No.85/2021 pending before the Munsiff Court, Payyoli. Petitioner filed Ext.P5 application for removing the case from the list for trial. However, the same was dismissed, holding that sufficient opportunity was given to the petitioner to take steps.
Learned counsel for the petitioner submits that, though the suit is one for injunction simplicitor, having regard to the contentions raised in the written statement, the measurement of the property is required. Inasmuch as, the plaintiff/petitioner was pursuing the C.M.A., he could not take steps on time. Besides, the plaintiff is a person aged 76 years. According to the learned counsel, the petitioner/plaintiff be afforded with a breathing time, so as to complete the steps including the one for issuance of a measurement commission.
Having heard the learned counsel for the petitioner, this Court is of the opinion that the petitioner can be given a breathing time, as otherwise, the judgment to be rendered is liable to be attacked on that count, that is to say, want of an opportunity to establish the identity of the plaint schedule property.
In the circumstances, Ext.P6 order is set aside. There will be a direction to the learned Munsiff to take up the matter on 19.01.2024, on which date the suits stand posted for trial. The case shall be removed from the list for trial. Before 19.01.2024, the petitioner shall complete all his steps, including filing of an application for issuance of the measurement commission. The learned Munsiff will expedite the execution of the Commission and will list the matter for trial, once the report is made available. Petitioner will fully co-operate with the trial court in expediting the matter, inasmuch as, the same has already been listed for trial and is being removed from the list, at the request of the petitioner.
The Original Petition will stand disposed of as above.