1.The petitioner, aggrieved by Ext.P12 order, dismissing the application filed by him for remitting the commission report, has approached this Court.
2.The petitioner is the defendant in OS No.264/1998 on the file of the Munsiff's Court, Parappanangadi, for partition. This was originally dismissed. Thereafter, it was carried in appeal and appellate court remanded the matter back for fresh consideration. One of the contentions in the suit was regarding the actual extent of the property. The commissioner filed a report. Thereafter, the petitioner filed an application to remit the commission report by producing certain documents. These documents were neither produced before the appellate court nor in the suit.
3.Taking note of the fact that the petitioner is relying O.P.(C) No. 2245 of 2016 ..2..
upon the documents, which are not made available before this Court, this Court is of the view that in order to avoid further delay in the matter, it is appropriate to remit the commission report back to the same commissioner to inspect and report, after referring to the documents now produced by the petitioner. Accordingly, the impugned order is set aside and the application to remit the commission report is allowed. The court below shall fix commission batta.
4.The original petition is disposed of, as above.
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A. MUHAMED MUSTAQUE JUDGE bka/-