Under challenge is Ext.P3 order whereby the court below has dismissed an application under Order 26 Rule 10 or C.P.C. on the ground that the petitioner has not taken steps as ordered by the court below.
2. The facts absolutely necessary for the purpose of disposal of this petition are as follows:
In a suit, the petitioner applied for issuance for a Commission to have the property measured and a plan prepared so as to have a resolution of dispute involved in the suit. The petitioner was directed to take steps and he had taken the steps. Subsequently, the Taluk Surveyor, who was directed to help the Commissioner did not appear and there were two subsequent postings. Finally, it was again posted for steps and thereafter, the impugned order was passed observing that no steps have been taken.
O.P.(C) No. 2436 of 2014 -2-
3. The above observation of the court below is patently wrong because the petitioner had already taken steps as ordered by the court. It was without noticing that, the order has been passed.
The order is only to be set aside and the Commissioner is only to be directed to comply with the order if needs to be with the help of a Taluk Surveyor. The petitioner will deposit batta as ordered by the court below for the surveyor also. It is directed that the report may be obtained as expeditiously as possible, at any rate, within period of four months from the date of receipt of a copy of this judgment.
ds //True Copy// P.A. To Judge Sd/-
P.BHAVADASAN JUDGE