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Judgment
P.Somarajan, J
Respondents entered appearance. It is pertaining to issuance of an expert commission, the plaintiffs came up. Two interlocutory applications were filed, I.A.Nos.2/2022 and 4/2022 by the respective parties, the plaintiffs and defendants, which were disposed of by the trial court under Ext.P5 order dated 30.09.2022. The Commissioner went to the spot along with the expert appointed at the instance of defendants and submitted a report. The Commissioner before his visit to the property had issued a registered notice to the plaintiffs presumably on the reason that there was a change in the vakalath. Anyway till that time, no steps worth the name was taken by the plaintiffs to arrange an expert from their side and ultimately the Commissioner went to the spot along with the expert appointed at the instance of the defendants and submitted their report, valuation statement. It is submitted by the learned counsel for respondents/ defendants that the plaintiffs were all along delaying the matter. Ext.P5 order was passed as early as on 30.09.2022 and it will tell upon the laches on the part of the plaintiffs.
At this juncture, the learned counsel for the plaintiffs/petitioners submitted that they will send out the very same Commissioner with the assistance of an expert Engineer, get it prepared within one week from today and that they will do everything to get the report within another three days from that date. Hence, there will be a direction to the plaintiffs to make all arrangements for the visit of the same Commissioner with the Engineer within seven days from today. On expiry of seven days, the defendants will be at liberty to proceed with the construction since it is facing heavy damages due to heavy down pour and bad weather, irrespective of whether the plaintiffs have complied with the abovesaid undertaking or not. It is made clear that the trial court shall not give any further chance or extension of period to the plaintiffs for the said purpose. The earlier judgment passed by this court in O.P.(C) No.1092/2023 will stand modified to the abovesaid extent. All other directions will continue.
Forward a copy of this judgment to the trial court forthwith. The trial court shall take up the case on the next working day (tomorrow) for the purpose of appointing the very same Commissioner and the Engineer at the instance of the plaintiffs and shall take all necessary steps to get the report prepared within the time as stipulated above. Both parties took notice.
Hence, no separate notice need be issued regarding advancement of posting of case tomorrow.
The O.P.(C) will stand allowed accordingly.