AI Structured Summary
Not yet generated for this judgment
Judgment
The appellant-plaintiff has filed this review petition praying to review the order passed by this Court in MFA.No.988/2025 dated 03.07.2026.
Learned Senior Counsel Sri. G.S.Kannur appearing for the plaintiff/appellant submitted that with reference to the order passed at Para-65 in the order, either of the parties may approach City Survey Authorities to get the suit property surveyed and measured to find out whether the suit properties mentioned in the plaint and in the written statement are different or one and the same. It is submitted that let the Surveyor conduct survey on the basis of the title documents and in the written statement, what is schedule property is not mentioned. Therefore, prays to review the order to this extent only.
On the other hand, learned counsel for the respondent-defendant submitted that the order dated 03.07.2026 is correct. Hence, there is no need to pass any order on review and prays to dismiss the review petition.
This Court in the impugned order dated 03.07.2026 has observed that either of the parties may approach City Survey Authorities to get the suit property surveyed and measured to find out whether the suit properties mentioned in the plaint and in the written statement are different or one and the same. In the written statement, the defendant has taken several contentions. Therefore, based on that, this Court ordered that let property be surveyed by City Survey Authorities. This order is in the line of orders passed by the Division Bench of this Court in WA.No.1174/2024. Therefore, there is no error apparent on the face of record about this direction. However, both the parties shall assist the City Survey Authorities to conduct survey by producing their own documents, as it is their duty. Hence, there is no need to review the order.
Therefore, with the above observation, the review petition stands disposed off.