V.BASKARAN Vs. S.B.HEMANADHAN

JUDGEMENT

(1.) The revision petitioner herein is the plaintiff in O.S.No.88 of 2010.

(2.) The revision petitioner/plaintiff has filed the above said suit seeking for the relief of declaration and for injunction. The plaint proceeds on the basis that by virtue of registered Sale Deed dated 07.10.1992, the plaintiff claimed right, title and possession over the suit property. Since his peaceful possession of the property in the suit was disturbed by denying his title, he has filed the above said suit as against the respondents herein/defendants. The first respondent/first defendant has not only challenged the title and possession of the revision petitioner/plaintiff but also raised a dispute with regard to identity of the property in the suit. In the said suit, the revision petitioner herein/plaintiff has filed an application in I.A.No.120 of 2013 before the trial Court for appointment of an Advocate Commissioner to visit the property and to file a report. The respondents/defendants contested the said application stating that the said I.A.No.120 of 2013 was filed at the belated stage.

(3.) The trial Court, after hearing both the parties, had dismissed the said application by observing that the petitioner/plaintiff has not proved his case by filing documents to prove that the respondents/defendants have disputed the identity of the property. The trial Court has also observed that the above said application was filed only to drag on the proceedings. As against the order of dismissal passed by the trial Court, the present civil revision petition is filed before this Court.