E VANAROJA Vs. S K KRISHNAN

JUDGEMENT

(1.) This Civil Revision has been preferred under Article 227 of the Constitution, against the order, dated 21.07.2010 passed in C.M.P. No. 15 of 2009 in A.S. No. 256 of 2008 on the file of the Additional District and Sessions Judge/FTC No. IV, Chennai.

(2.) The Petitioners herein/proposed parties are third parties to the suit and the appeal. The suit was filed by one Eliiah Reddiar, the second Respondent herein and one Chakrapani against the Respondents 1, 8, 9 and 10 herein and two others, seeking declaration of title of the suit schedule property and other consequential reliefs. After contest, the suit was dismissed without costs. Aggrieved by which, appeal was preferred by the Plaintiffs 2 and 3 and the legal representatives of the first Plaintiff. Reversing the judgment of the trial Court, the appellate Court decreed the suit by its judgment and Decree, dated 13.04.1989 in A.S. No. 158 of 1988. Aggrieved by which, second appeal was preferred by the first Respondent herein, who was the second Defendant in the suit.

(3.) While allowing all the second appeal, by a common judgment, dated 24.12.1999, this Court directed the 15th Assistant Judge, City Civil Court to appoint an Advocate Commissioner and also directed the Advocate Commissioner to be appointed to inspect the property with the assistance of a surveyor to locate the properties covered by the decree, based on the ground reality. It was also permitted for the purpose of locating the properties, apart from the documents already filed in the suits, other documents and records, which might be available with the help of surveyor, after taking measurements with reference to Field Measurement Book (FMB) etc., for proper disposal, according to law.