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Judgment
P.Somarajan, J
Heard both sides. It is pertaining to an order passed by the trial court for appointing a survey commission. It was refused on the ground that the application was submitted in a belated stage, after the commencement of the trial. But, it is pertaining to the identity of the property challenging a pattayam granted in favour of the defendant. So, it is necessary to resolve the issue to measure out the property and locate the respective properties and the building, if any, situated in the property. Hence, the trial court ought to have granted an opportunity to the plaintiff to send out a survey commission. If there is any delay, it can be compensated in terms of money. That was not adopted by the trial court. As such, there is flagrant violation of the jurisdiction by the trial court while rejecting the application for appointing a commission. In fact, it is a matter of adducing evidence and shall not be curtailed, unless there is warranting reason so as to outweigh the benefit that can be obtained. As such, I am of the view that the order of trial court has to be set aside by allowing the application. The trial court shall appoint a senior counsel from the station and a qualified surveyor within seven days from the next posting date and shall take all endeavor to get the report within a time schedule of one month from that day.
The original petition will stand allowed accordingly.