Two suits, namely, O.S. 285 of 2007 and O.S.286 of 2007, were jointly tried by the Principal Munsiff's Court, Nedumangad. O.S. 285 of 2007 was one for putting up of boundary and for injunction. The other suit was also for the same relief. A commission was taken out and the Commissioner filed his report. It appears that one of the parties prayed for issuance of a different commission which has been dismissed as per Ext. P14 order. There the contention of the respondents, the petitioners herein was that Jayaraj, the predecessor of the plaintiffs has no property left to be transferred to the plaintiffs in the suit. There was a counter claim by the defendants in the said case.
2. Therefore the core issue is whether Jayaraj had any property left with him to be transferred to the plaintiffs in the suit. The court below has observed that even the defendant in the suit almost conceded that Jayaraj had excess land to his credit. However, the court during trial felt that it was necessary to ascertain whether after the sale of the property sold by Jayaraj to various persons, he was left with any property to be sold to the plaintiffs in the suit. It is therefore felt that in order to arrive at a final conclusion, it is necessary to identify the properties left with Jayaraj to be assigned to the plaintiffs. Therefore by Ext.P15 order the court below remitted back the commission report to ascertain the various matters made mention of in the order. In pursuance to the said order, Ext.P16 report and plan have been filed.
3. The only grievance of the petitioners is that there is almost a finding against them that there is excess land with Jayaraj which may cause prejudice to them.
4. It is trite that the court below was competent to remit the report to the same commissioner to ascertain additional facts for a proper disposal of the case. At the same time, if any one of the parties has grievance regarding the commission report, he is certainly entitled to examine the Commissioner so that the commission report can be evaluated. That right of the parties cannot be denied.
In the result, these Original Petitions are disposed of with a direction to the court below that in case the petitioners seek to assail Ext.P16 report and to examine the Commissioner, they shall be allowed to do so and thereafter the court below shall dispose of the suits untramelled by anything contained in this judgment.
sb.
P. BHAVADASAN, JUDGE