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2025 Supreme(Online)(KER) 12589

HIGH COURT OF KERALA
BASANT BALAJI, J
RUKHIYA – Appellant
Versus
MARY JOHN – Respondent


Advocates:
M.DEVESH M.ANUROOP MURSHID ALI M. JYOTHIS MARY, P.MOHAMED SABAH JASNEED JAMAL LIBIN STANLEY(K/250/2015), SAIPOOJA(K/001130/2016)

JUDGMENT

(Dated this the 1st day of April, 2025)

The petitioners are the plaintiffs in OS No.66/2024 on the file of the Munsiff Court, Nilambur, and the respondents are the defendants in the suit. The suit was one filed for fixation of boundary, mandatory injunction, and also for prohibitory injunction. According to the plaintiffs, the plaint A schedule property belongs to the father of the plaintiffs and the 3rd defendant in the suit in which the residential property of the plaintiff is situated. The respondents filed written statement denying all the allegations against them. A commission application was filed in which a commissioner was appointed, and he visited the property, and a report was filed as Ext.P4. The plaintiffs filed an application to remit the same as IA No.2/2023 and the same was not pressed. Thereafter, a fresh application was filed as Ext.P5 to appoint a new commissioner to inspect the plaint schedule property. The said application was dismissed by Ext.P7. The petitioners challenge Ext.P7 order in this original petition.

2. A counter affidavit is filed by the 1st respondent, in which it is contended that the petitioners have been filing commission applications one

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