LAWS(MAD)-2020-11-22

M. MOHAN Vs. P. DURAISAMI NAIDU

Decided On November 03, 2020
M. MOHAN Appellant
V/S
P. Duraisami Naidu Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order dated 08.02.2018 passed by the learned Principal District Munsif at Poonamallee, in I.A.No.1069 of 2017 in O.S.No.225 of 2011.

(2.) The defendants are the petitioners herein. The respondent herein/plaintiff has filed a suit in O.S.No.225 of 2011 for declaration of title and for permanent injunction in respect of the suit property. The defendants have filed written statement. Pending the above suit, the plaintiff has filed an application in I.A.No.896 of 2016 for appointment of an Advocate Commissioner. The said application was allowed by the trial Court and Advocate Commissioner was also appointed. The Advocate Commissioner has inspected the suit property with the help of Taluk Surveyor and filed her report on 06.09.2017. Objection to the Advocate Commissioner's report was also filed by the defendants.

(3.) At this juncture, it appears that the defendants have filed an application in I.A.No.1069 of 2017 to reissue the warrant to the very same Advocate Commissioner directing to take the paimash number as a criteria for taking the physical features and also to measure the suit land from West to East. The said application was dismissed by the learned trial Judge and hence, the present Civil Revision Petition has been filed before this Court.