EASU @ ADHIKESAVALU Vs. D. JAYANTHI

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing.

(2.) The suit was laid by the plaintiff seeking a permanent injunction restraining the defendants from interfering with their possession of the suit property.

(3.) The suit is being resisted by the defendants contending that there runs a pathway in the suit property over which the defendants have a right. It is only to demonstrate the existence of the said pathway, the defendants filed IA No.455 of 2015 for appointment of a Commissioner. The said IA No.455 of 2015 was allowed on 18.11.2016 and a Commissioner was appointed. The Commissioner, according to the petitioners, exceeded the scope of the warrant measured the entire street and filed a report. Hence it has become necessary for them to scrap the Commissioner's Report and appoint another Commissioner to visit the property to measure the same with the help of the Surveyor.