P. T SENTHILKUMAR Vs. DHANABAKKIYAM

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the plaintiff as against the fair and decreetal order dated 27.11.2013 in I.A.No.1178 of 2013 in O.S.No.88 of 2010 on the file of the Additional District Munsif Court, Karur.

(2.) The suit was filed by the petitioner/plaintiff for a relief of permanent injunction with regard to the suit property and the defendant has filed the present petition in I.A.No.1178 of 2013 under Order 26 Rule 9 and Section 151 of CPC to reissue the commission warrant to the Commissioner to inspect the suit property and the properties of the first defendant and moreover, measure the same with the help of the Surveyor and to submit his report.

(3.) It is the case of the respondents / defendants that a portion of the property has been encroached by the plaintiff and he had put up construction therein and already a Commissioner was also appointed in the suit, to take measurement of the properties of the respondents/defendants and the petitioner/plaintiff. But the said Commissioner inspected the suit properties without any assistance of the Surveyor and therefore, it has be remeasured with the assistance of the Surveyor. Without the assistance of the Surveyor, it is not possible to ascertain the extent of encroachment and therefore, the defendants filed an application to reissue the Commission Warrant to the same Commissioner to inspect the suit properties and to measure the same with the help of the Surveyor and to submit his Additional Report and plan.