J U D G M E N T

The petitioner is the plaintiff in O.S.No.10 of 2010 on the files of the Munsiff’s Court, Chalakkudy as well as the petitioner in I.A.Nos.276 of 2011 and 277 of 2011 filed therein. The above suit was filed by the petitioner praying for a permanent injunction restraining the respondents herein from trespassing into plaint schedule property or from alienating the same by describing it as the property of the respondents. I.A.No.276 of 2011 was filed for removing the case from the list for trial and I.A.No.277 of 2011 was filed for appointing an Advocate Commissioner to measure the property with the assistance of a surveyor. The respondents filed objection contending that there is another commission report as regards the nature and lie of the plaint schedule property, and the plaintiff has not taken steps to get the previous report set aside. So also, there is no necessity to measure the property, in view of the relief sought for by the plaintiff in the suit. After considering the rival contentions, the court below dismissed the petitions vide separate orders. The legality and propriety of these orders are under challenge in this original petition.

2. The learned counsel