K. SUGAMATHI Vs. M. MANOHARAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the respondents 3 and 4/defendants 3 and 4 against the order passed by the District Munsif, Mettur in I.A.No.400 of 2015 in O.S.No.104 of 2015 dated 23.11.2016.

(2.) The first respondent herein / plaintiff had filed an application in I.A.No.400 of 2015 in O.S.No.104 of 2015 on the file of the District Munsif, Mettur, under Order 26 Rule 9 and Section 151 of CPC to appoint an Advocate Commissioner to inspect the suit property and measure the same with the help of the Village Administrative Officer and a qualified surveyor and also note down the physical features and existence of the cart track and the construction made by the respondents by encroaching the suit property and file a report with plan. The learned District Munsif by the order dated 23.11.2016, had allowed the said application and appointed an Advocate Commissioner, to inspect the suit property and note down the physical features and measure the entire area in S.F.Nos.50/1 to 50/4 by considering the partition deed dated 15.12.1981 with the help of the concerned Village Administrative Officer and a qualified surveyor and find out the suit property and file a detailed report with plan. Feeling aggrieved, the respondents 3 and 4 / defendants 3 and 4 have filed the present Civil Revision Petition.

(3.) Heard Mr.P.Valliappan, the learned counsel for the petitioners and Mr.J.Ramakrishnan, the learned counsel for the first respondent.