SENGODA GOUNDER Vs. RAMASAMY

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 24.02.2010, made, in I.A.No.1466 of 2009, in O.S.No.331 of 2009, on the file of the District Munsif Court, Sankari.

(2.) The petitioners herein are the defendants in the suit, in O.S.No.331 of 2009, filed by the respondents. The suit, in O.S.No.331 of 2009, had been filed for a decree of permanent injunction, against the defendants and others, restraining them from, in any manner, putting up the construction over the suit common cart track, as denoted in the plaint 'B' schedule property. The plaintiffs in the suit, who are the the respondents in the present Civil Revision Petition, had filed an interlocutory application, in I.A.No.1466 of 2009, praying for the appointment of an advocate commissioner to visit the suit property, with the help of a qualified surveyor and to file his report with a plan drawn to scale and also to note down the physical features of the suit property, in particular, the cart track. The trial Court, by its order, dated 24.02.2010, had appointed an advocate commissioner, as prayed for in I.A.No.1466 of 2009 and had directed him to execute the warrant, fixing the date of visit, on 13.03.2010.

(3.) Aggrieved by the said order, the petitioners have filed the present Civil Revision Petition, before this Court, under Article 227 of the Constitution of India.