JUDGMENT

The prayers in this Original Petition (Civil) filed under the enabling provisions contained in Article 227 of the Constitution of India are as follows :

“(a) Call for the records leading to Exhibit-P7 order in I.A.No.5507 of 2017 in O.S.No.835 of 2016 of the Principal Munsiff Court, Alappuzha, and to examine its legality and the propriety and to quash the same.

(b) Direct the Hon'ble Principal Munsiff Court, Alappuzha, to allow I.A.No.5507 of 2017 in O.S.No.835 of 2016 and to ascertain the matters mentioned in the said application.

(c) Pass such other order or direction as deem fit to the facts and circumstances of the case.”

2. Heard Sri.Deepak Mohan, learned counsel appearing for the petitioner/sole defendant. In the nature of the orders proposed to be passed in this petition, notice to the respondents/plaintiffs will stand dispensed with.

3. The order under challenge is the one at Exhibit-P7 whereby the application made by the petitioner for appointing a fresh commission for appointing yet another commission for local inspection has been rejected by the court below. The impugned Exhibit-P7 order has been passed by the court below dismissing Exhibit-P6 I.A.No.5507 of 2017 in :