J U D G M E N T

Petitioner is the plaintiff in OS.378 of 2012 on the file of Munsiff, Perumbavoor. It is filed for declaration of title to and recovery of possession of plaint B schedule property and for consequential reliefs. A commissioner was appointed to measure the property. The commissioner filed his report along with the plan prepared by the surveyor. The complaint is that the learned Munsiff has failed to consider Exts P3 and P5 applications filed by the petitioner to remit the commission report. The prayer is to direct the learned Munsiff to consider those applications before the suit is taken up for final hearing.

2. Heard.

3. The learned senior counsel appearing for the respondent submits that the petitioner has committed fraud upon the trial court, which is clear from the chronology of events in the suit.

4. On the commissioner filing the report and the plan, on 7.3.2015 the Munsiff posted the case for objection to the commission report to 31.3.2015. But no objection was filed. The learned Munsiff again posted the case for further steps and adjourned the case to 26.5.2015, on which day also none of the parties filed objection. So the court directed posting of the case for