K SIVAKUMAR Vs. K SIVANESAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the permission granted by the III Additional Subordinate Judge, Coimbatore, in Memo, dated 18.9.2008, filed in I.A.No.292 of 2007, in O.S.No.148 of 2007.

(2.) The petitioner had filed the suit, in O.S.No.148 of 2007, on the file of the III Additional Subordinate Judge, Coimbatore, praying for a decree declaring the sale deed, dated 12.8.2004, executed by the first defendant, in favour of the second defendant, as null and void and not binding on the plaintiff, for the division and allotment of one such share in the suit property to the plaintiff and for a permanent injunction restraining the defendants from alienating or encumbering the suit property.

(3.) The respondent, who is the second defendant in the suit, had filed an interlocutory application, in I.A.No.292 of 2007, for the appointment of an Advocate Commissioner to measure the suit property and to file a report thereon, along with a plan. By an order, dated 28.7.2008, the learned III Additional Subordinate Judge, Coimbatore, had allowed the application and had appointed an Advocate Commissioner to measure the suit property and to file a plan, along with the report thereon.