T. Radhamony Amma Pillai, Remadevi, Rethidevi and Ramesh Pillai vs Ramakrishna Pillai (Expired, Struck Off), Manikuttan Pillai, Anandavalliamma Pillai and Sudha Pillai

Petitioners are the plaintiffs in O.S. No. 45 of 2009 on the file of the Munsiff''s Court, Kattappana, which was instituted for declaration of title and recovery of possession over plaint ''D'' schedule property. In the suit, the petitioners applied for deputing a Commissioner for measuring out the property with the assistance of a qualified surveyor. That application was resisted by the respondents herein, stating that there was a previous suit, O.S. No. 341 of 1986, before the Munsiff''s Court, Idukki, wherein, the suit property has been measured and identified. It was also stated that the suit ended in a dismissal and the measurement in this suit is quite unnecessary. The learned Munsiff, by the impugned order dismissed the application filed by the petitioners. It is against this, the petitioners have come up before this Court to invoke the powers under Article 227. The arguments have been heard and the impugned order was perused.

The suit is for declaration of title and recovery of possession of the plaint schedule property. It is only just and proper to allow the petitioners/plaintiffs to get the property measured and identified. I am of the view that the impugned order has to be set aside.

In the result, the petition is allowed. I.A No. 551 of 2010 in O.S. No. 45 of 2009 on the file of the Munsiff''s Court, Kattappana shall stand allowed. The learned Munsiff shall depute a competent Commissioner to measure out the property with the assistance of a qualified surveyor. This is without prejudice to the right of the respondents to raise all their contentions at the time of trial. The entire exercise shall be completed by the Munsiff, within five months from the date of appearance of the parties.

Parties shall appear before the Munsiff''s Court, Kattappana on 30.11.2012. No costs.