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2012 Supreme(Online)(KER) 4243

HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
CHANDRAMATHY – Appellant
Versus
VIJAYAN – Respondent


JUDGMENT

Plaintiff in a suit for fixation of boundary, O.S No.911/2007 on the file of the II Additional Munsiff Court, Thiruvananthapuram, has filed this Original Petition challenging Ext.P5 order passed by the learned Munsiff. On the application moved by the plaintiff, an advocate commissioner with the assistance of a surveyor carried out measurement over the properties and filed a report and plan. Plaintiff had serious objections to such report and plan. She moved a petition for setting aside the report to have further measurement of the property. That application happened to be dismissed for default. Plaintiff thereafter filed two petitions, one for condoning the delay in seeking restoration and the other for restoring the previous application moved for setting aside the report. The learned Munsiff considering those applications passed Ext.P5 order, by which it was ordered that the objections to the commission report shall be considered at the stage of trial after recording the evidence. To the extent the court has directed for consideration of the report at the trial, feeling aggrieved, the plaintiff has filed this Original Petition O.P.(C) No.943 OF 2011 impeaching the correctn

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