R. MAHALAKSHMI Vs. R. VAJIRAVELU

JUDGEMENT

(1.) The plaintiff in the suit is the Revision Petitioner herein. The petitioner/plaintiff filed a suit in O.S.No. 33 of 2018, for the relief of declaration, declaring that the plaintiffs have got right to hold possession and enjoyment of the property in 'C' Schedule adjunct to 'B' Schedule and also the easementry right. The defendant has filed a written statement, wherein, they disputed the title. Pending trial, the plaintiff filed the above I.A.No.189 of 2018 for appointment of an Advocate Commissioner to note down the physical features of the suit property and the same was rejected and hence, the Civil Revision Petition.

(2.) Heard Ms.P.T.Sundari Pugazhendhi, learned counsel for the petitioner and Ms.Selvi George, learned counsel for the respondent.

(3.) The suit was filed for the relief of declaration of easementry right and for permanent injunction against the defendant and the suit is pending for trial. The suit property is situated in S.No.33/4, Village No.124, Pazhavanthangal Village measuring to an extent of 3608 Sq.ft. According to the respondent/defendant, it is the absolute property of the father of the defendant, namely, one Mr.R.Vajravelu. According to the plaintiff, who is the widow of the first son of the said Vajravelu, the plaint avernments are to the effect that 'C' schedule property measuring an extent of 270 Sq.ft., was obstructing the 'B' Schedule property, wherein septic tank, sewerage pump, water pump etc., of the petitioner are lying. Plaintiff's family was residing in the property for several number of years. To note down the physical features existing in 'C' Schedule property, they have filed the application.