M. Sasidharan Nambiar, J.

1. Petitioner is the plaintiff in OS 24/2000 on the file of Munsiff Court, Haripad. Petitioner filed IA1613/2005 an application under R.10 of O.26 of Code of Civil Procedure to set aside the report and plan. Under Ext. P10 order the petition was dismissed. It is challenged in this petition filed under Art.227 of the Constitution of India.

2. Learned counsel appearing for petitioner was heard.

3. The argument of the learned counsel appearing for petitioner is that Ext. P8 communication of the Tahsildar shows that the there is no sub division of survey number 534/2-3, 534/2-2 and Ext. P6 survey plan shows that the disputed portion of the plaint schedule property which is the northern portion marked therein is in survey No. 534/1 and Ext. P7 sketch prepared in LA 889/71 based on which respondents are claiming right shows that the said property is in survey No. 516 and therefore Ext. P4 report and Ext. P5 plan submitted by the Commissioner is not correct. Learned counsel argued either in such circumstance IA 1613/2005 should have been allowed by the learned Munsiff.

4. On hearing the learned counsel, I do not find any illegality or irregularity in Ext. P10