RAMANATHAN Vs. PALKANI AMMAL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 4.7.2009, made in I.A.No.1 of 2009, in A.S.No.87 of 2007, on the file of the Subordinate Court, Tuticorin.

(2.) The petitioner in the present Civil Revision Petition is the appellant, in A.S.No.87 of 2007. The respondent herein had filed a suit, in O.S.No.36 of 2006, on the file of the Ditsrict Munsif Court, Tiruchendur. The said suit had been filed praying for a permanent injunction against the petitioner herein, in respect of the suit schedule properties. The suit had been decreed, restraining the petitioner from interfering with the possession and enjoyment of the suit schedule properties by the respondent.

(3.) The trial Court had stated, inter alia, that the petitioner, who was the defendant in the suit, had not proved his possession of the properties in question, by way of a report filed by an Advocate Commissioner. The petitioner herein had filed an appeal, in A.S.No.87 of 2007, challenging the judgment and decree of the trial Court, dated 25.4.2007, made in O.S.No.36 of 2006, on the file of the District Munsif Court, Tuticorin. He had also filed an interlocutory application, in I.A.No.1 of 2009, in A.S.No.87 of 2007, along with the necessary petition, praying for the appointment of an Advocate Commissioner to file a report, after having noted down the physical features of the suit schedule properties, in order to prove that the possession of the said properties was with the petitioner. However, by an order, dated 4.7.2009, the Subordinate Court, Tuticorin, had dismissed the interlocutory application stating that it was not open to the petitioner to prove his possession, by way of a report to be filed by the Advocate Commissioner. Hence, the petitioner has preferred the present Civil Revision Petition before this Court, challenging the order passed by the Subordinate Court, Tuticorin, in I.A.No.1 of 2009.