JUDGMENT

Ext.P3, order dated 20.11.2010 of the Court of learned Munsiff, Kalpetta on I.A.No.885 of 2010 in O.S.No.163 of 2009 refusing to remit the report and plan submitted by the Advocate Commissioner pursuant to the order on I.A.No.630 of 2009 is under challenge.

2. Item Nos.1 to 3 of the plaint schedule and certain other items belonged to Muhammedali, Ayoobkhan and others. The said properties were subjected to partition as per document No.1875 of 1983. According to the petitioner/plaintiff, item No.1 in the plaint schedule, 2.5 cents was allotted to the share of Muhammedali and his mother as H schedule in the said partition deed, the mother released her right to the said Muhammedali who, in turn transferred the property to the petitioner as per document No.786 of 2008. Item No.2 was allotted to the share of Ayoobkhan as per the said partition deed as I schedule. He is said to have sold that property to the petitioner as document No.789 of 2008. Item No.3 is 10 cents which according to the petitioner, the mother of Muhammedali and Ayoobkhan got as per the partition deed above stated. The mother transferred the 10 cents to Muhammedali as per document No.1307 of 2003. Muhammedali t