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Judgment
C.S.Dias, J
The original petition is filed to set aside the order dated 09.06.2022 passed in I.A.No.1/2020 in A.S.No.22/2016 (Ext.P5) by the Court of the Subordinate Judge, Karunagappilly.
The petitioners' case, in a nutshell, relevant for the determination of the original petition is that: they are the appellants in the above appeal, which was filed challenging the judgment and decree in O.S.No.278/2008 of the Court of the Munsiff, Karunagappilly. The petitioners had filed I.A.No.91/2017 in the appeal to appoint an Advocate Commissioner to report certain factual aspects regarding the construction of a compound wall and the width of the pathway after construction. The application was allowed and an Advocate Commissioner was appointed. The Advocate Commissioner has submitted Ext.P3 report before the Court below. Ext.P3 is a crucial document. Therefore, the petitioners filed Ext.P4 application to mark Ext.P3 report in the appeal. However, the Court below, by the impugned Ext.P5 order, has dismissed Ext.P4 application. Ext.P5 is erroneous and wrong. Hence, the original petition.
Heard; Sri.O.D.Sivadas, the learned counsel appearing for the petitioners. In view of the limited relief that I propose to pass, I dispense with notice to the respondents.
The learned counsel appearing for the petitioners submitted that the apprehension of the petitioners is that the Court below may pass the judgment in the appeal without adverting to Ext.P3 report that is on record, which has compelled the petitioners to file the original petition.
I have perused the pleadings and materials on record.
Undisputedly, Ext.P3 report has been filed in the appeal, pursuant to the direction of the Court below. Ext.P3 forms a part of the record in the appeal. Therefore, necessarily the Court below has to advert to Ext.P3 while deciding the appeal. The apprehension of the petitioners seem to be misconceived and misplaced. Nevertheless, I dispose of the original petition by directing the Court below to advert to Ext.P3 report while deciding the appeal as enjoined in law. With the above observations, this original petition is disposed of.