JUDGMENT

The petitioner filed O.S.No.64 of 2009 on the file of the Munsiff's Court, Perumbavoor against the respondent for prohibitory injunction restraining the defendant from trespassing upon the plaint A to D schedule properties or from committing damage to the “kayyalas” or compound wall or from removing soil from the property or from destroying its lateral support. There is also a prayer for mandatory injunction to restore the boundary in its original position by constructing a retaining wall.

2. In the suit, a Commissioner was appointed, who filed a report. The petitioner filed I.A.No.2032 of 2010 (Ext.P5) under Order XXVI Rule 9 of the Code of Civil Procedure, to appoint a Commissioner for the purpose of inspecting the property with the assistance of a Civil Engineer and for noting the particulars mentioned in the application. The matters to be reported are: (a)to ascertain whether the lateral support to the compound wall was lost and (b) whether it is necessary to construct a retaining wall and if so, the expenses required.

O.P.(C) NO.1079 OF 2010 O

3. The petitioner also filed I.A.No.1730 of 2010 for an interim mandatory injunction directing the defendants to construct a retai