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Judgment
Petitioner in this proceedings initiated under Article 227 of the Constitution of India challenges Ext.P4 order passed by the learned Sub Judge,
Ernakulam in FDIA.8006/2008 in O.S.No.621 of 2005.
By the impugned order, the commissioner and surveyor were directed to submit report and plan without holding physical inspection of the property
in question.
The learned counsel for the petitioner Advocate B.Krishna Mani challenges the legality of this order contending that the direction issued by the
court below runs counter to the judgment of this Court in RSA No.508 of 2019 dated 14.10.2019.
The learned advocate Sri.Martin D Alumkar takes notice on behalf of the respondents 1 to 6. I heard the learned counsel appearing on both sides.
It has come out that subsequent to the decision rendered by this Court in RSA No.508 of 2019, the advocate commissioner along with surveyor had
occasions to visit the property to report matters sought to be ascertained. For one or other reason, the measurements could not be recorded and
execution of report and plan were delayed.
The learned counsel for the petitioner submits that commissioner and surveyor may be directed to visit the property and take physical measurement
in accordance with Ext.C1(a) sketch and report the matters sought to be ascertained.
The learned counsel for the respondents 1 to 6 submitted that he has no objection to the commissioner and surveyor visiting the property over again
and taking physical measurements. It was submitted that physical measurements so taken shall not under any circumstance be allowed to vary the
measurements recorded in Ext.C1(a) plan. The submission made appears to be quite legal and correct.
In the result, O.P succeeds and impugned order in FDIA No.8066/2008 in O.S.No.621/2005 before the Sub Court, Ernakulam is set aside. It is made
clear that the execution of commission shall under no circumstance run counter to any of the directions contained in RSA 508 of 2019. The court
below is directed to expedite the matter and see that the pending final decree application itself is disposed of within a period of one month from the
date of receipt of certified copy of this judgment.