Santhosh P vs Suresh P.S

C.S.Dias, J

The original petition is filed to direct the Court of the First Additional Munsiff, Ernakulam, to consider and dispose of IA No.4720/2019 (Ext P6) in OS No.234/2015

The petitioner, who is the plaintiff in the above suit, has sought for a decree of permanent prohibitory injunction to restrain the respondents from tresspassing into the plaint schedule property. The respondents have resisted the suit by filing Exts P2 and P3 written statements. The Advocate Commissioner has filed Ext P4 report. The petitioner has filed Ext P5 objection to Ext P4 report and Ext P6 application to remit Ext P4 report. But, the court below, without considering Ext P6, is proceeding with the trial. In case, the court below proceeds with the trial without considering Ext P6, it will prejudice the petitioner. Hence, the original petition.

Heard; Sri.S Aravind, the learned counsel appearing for the petitioner. In view of the limited relief that I propose to pass, that is to direct the court below to consider and dispose of Ext P6 within a time frame, I dispense with notice to the respondents.

Undisputedly, going by the materials on record, Ext P6 is pending consideration, seeking remission of Ext P4 commission report. The court below has listed the suit for trial to 16.6.2022, without passing orders on Ext P6, which is improper and would certainly prejudice the petitioner.

In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the First Additional Munsiff, Ernakulam, to consider and dispose of Ext P6 application, after affording the respondents an opportunity to file objection and hearing both sides, in accordance with law, as expeditiously as possible, at any rate within a period of four weeks from the date of receipt of a certified copy of the judgment. The trial in OS 234/2015 shall stand deferred for a period of eight weeks.

The original petition is ordered accordingly.