CHITTU ALIAS PALANIAPPAN Vs. NARAYANA GOUNDER

JUDGEMENT

(1.) This Civil Revision Petition has been filed, to set aside the order, dated 17.06.2016, made in IA.No.26 of 2015 in AS.No.53 of 2015, by the Principal Subordinate Judge, Salem.

(2.) The facts of the case, in a nutshell, are that the Petitioners 1 and 2 are the Defendants 2 and 3 in OS.No.911 of 2009 on the file of the District Munsif, Salem. Since the 1 st Petitioner died, the Petitioners 3 to 5 were brought on record as the legal heirs of the deceased 1 st Petitioner. The Plaintiff is the 1st Respondent and the 1st Defendant is the 2 nd Respondent. The suit was filed for mandatory injunction and recovery of possession. The suit was dismissed, by the judgement and decree dated 28.01.2015, as against which, the Plaintiff has filed AS.No.53 of 2015, before the Principal Sub Court, Salem. In the appeal, the Plaintiff has filed the present application seeking appointment of an Advocate Commissioner to note down the physical features of the suit property and to file a report. In and by the impugned order, the application was allowed. Hence, this Civil Revision Petition has been filed.

(3.) This court heard the learned counsel on either side and considered their submissions and also carefully perused the materials placed on record.