M NACHIAPPAN AND V ASOKAN Vs. A NACHIAPPAN

JUDGEMENT

(1.) This petition has been filed by the Petitioners/Defendants to set aside the fair and decretal order passed on 04.12.2009 in I.A. No. 447 of 2009 in O.S. No. 177 of 2007 on the file of the Additional District Munsif Court, Karaikudi.

(2.) The short facts of the case are as follows:

(3.) The Plaintiffs have filed an interlocutory application in I.A. No. 83 of 2009 to appoint an advocate commissioner for inspection of the suit property in order to prove the Plaintiffs possession and enjoyment and extent of land possessed by them. The said application for appointment of Advocate Commissioner was opposed by the Defendants, who had filed counter statements. The learned Judge, after hearing the arguments of the learned Counsel on both sides and on scrutiny of the averments on both the sides, dismissed the said application.