RAJESWARI Vs. GUNASEKARAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed, to set aside the fair and decreetal order dated 08.12.2015, made in IA.No.1052 of 2015 in IA.No.407 of 2014 in OS.No.240 of 2014 by the I Additional District Munsif Court, Erode.

(2.) The facts of the case are that the Plaintiff is the Petitioner herein and the Defendants are the Respondents. The suit was filed for permanent injunction restraining the Defendants 1 and 2 from trespassing into the suit properties and disturbing the peaceful possession and enjoyment of the Plaintiff over the suit properties and to appoint a Commissioner to fix F-Line between the properties of the Plaintiff and the Defendants 1 and 2 and to direct the Defendants 3 to 5 to grant patta in favour of Plaintiff in respect of the suit properties. The Plaintiff has filed IA.No.407 of 2014 to appoint an Advocate Commissioner to note down the physical features of the suit properties and since the Advocate Commissioner appointed by the court below was not able to file the report and plan, the said IA was closed on 04.07.2015. Hence, the Plaintiff has filed the present IA.No.1052 of 2015 to reopen IA.No.407 of 2014 for the purpose of getting the Advocate Commissioner's report with plan. By the impugned order, the present IA was dismissed. Hence, this Civil Revision Petition has been filed by the Plaintiff.

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