JUDGMENT

The challenge in this Original Petition is to Ext.P6 order by which the Trial Court dismissed an application seeking appointment of a Surveyor to set out a way over which the plaintiffs raised right of easement by grant.

2. The plaintiffs instituted the Original Suit seeking declaration, mandatory injunction, permanent prohibitory injunction and easement right over a pathway.

3. An Advocate Commissioner visited the property and filed a report and rough sketch.

4. The plaintiffs pleaded that the report of the Commissioner and the sketch are not sufÏcient to identify the disputed way. Therefore, the plaintiffs filed I.A.No.1153/2019 seeking appointment of a Surveyor to measure out the plaint properties and to identify the way. The Trial Court, relying on Madhavan v. Narayanankutti and others [2019 (4) KLT 208], came to a conclusion that unnecessary measurement with the assistance of a Surveyor may cause delay in the conclusion of the litigation. The learned Munsiff on this ground dismissed the application seeking appointment of an Advocate Commissioner and Special Commissioner/Surveyor.

4. I have heard the learned counsel for the petitioners and the learned counsel for the respon