VANAJA MANIAN Vs. BHUVANAGIRI TOWN PANCHAYAT

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 30.6.2009, made in I.A.No.338 of 2008, in O.S.No.10 of 2003.

(2.) The petitioner in the present Civil Revision Petition, who is the plaintiff in the suit, in O.S.No.10 of 2003, had filed the said suit, praying for a decree of permanent injunction against the defendants, who are the respondents herein, and certain others, from, in any manner, interfering with the peaceful possession and enjoyment of the suit property and to restrain them from evicting the petitioner from the building in the suit property. The petitioner had also filed an interlocutory application, in I.A.No.338 of 2008, under Order 26 Rule 9 of the Civil Procedure Code, 1908, praying that the trial Court may be pleased to set aside the earlier report submitted by the Commissioner and to appoint an advocate commissioner by reissuing the warrant to inspect the suit property and to measure the same with the assistance of a qualified surveyor and to file a necessary report thereon. The petitioner had filed the application stating that the Advocate Commissioner appointed by the Court, on an earlier occasion, had not issued notice to the petitioner and his counsel before inspecting the suit schedule property and therefore, the report filed by the Advocate Commissioner is to be rejected by the trial Court.

(3.) The trial Court, by its order, dated 30.6.2009, had dismissed the application filed by the petitioner, based on the report of the Advocate Commissioner wherein, it had been stated that a notice had been issued to both, the parties to the suit, as well as to their counsels.