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1996 Supreme(Ker) 136

B.N.PATNAIK
Payani Achuthan – Appellant
Versus
Chamballikundu Harijan Fisheries Development Co-operative Society – Respondent


Advocates:
M. Sasindran, for Petitioner.
Judgement

ORDER: -

Plaintiff in O.S. No. 17 of 1993 on the file of the Munsiffs Court, Payyannur, has preferred this revision against the order in I.A. No. 1063 of 1993 arising out of the said suit. Plaintiff filed the suit in a representative capacity on behalf of all the fishermen in the locality. By the impugned order, the learned Munsiff rejected the prayer of the petitioner to appoint a Commissioner for inspection and measurement of the plaint schedule property. The learned Munsiff held that neither party has any grievance about the identity of areas in their respective possession and as such it is not necessary to appoint a Commissioner.

2. Plaintiff filed the suit for a permanent injunction against the defendants restraining them to enter upon his property. The total extent of property in the possession of both the parties is about 200 acres. The defendants, Co-operative Society and others were assigned 105 acres out of it to have an aqua farm. Plaintiff contends that the local fishermen including him are in possession of the remaining 95 acres of land. They are doing fishing operations in this land since generations and as such they have acquired easementary right over that area. The







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