S.SHANMUGAM Vs. K.RAJASEKARAN

JUDGEMENT

(1.) The Revision Petition has been filed by the plaintiff in O.S.No. 35 of 1996 questioning the order in I.A.No. 21 of 2015, dtd. 18/2/2015 passed by the Principal District Munsif, Tiruchengode, dismissing the said application filed by the revision petitioner/plaintiff herein. That particular Interlocutory Application, namely, I.A.No. 21 of 2015 had been filed in I.A.No. 710 of 2013. The said Interlocutory Application in I.A.No. 710 of 2013 had been filed by the respondent/defendant in the suit under Order 26 Rule 13 of the Code of Civil Procedure, requesting the Court to appoint a Commissioner to assist the Court to pass Final Decree in the suit.

(2.) The suit is of the year 1996. The travellogue of the suit has been given in the affidavit filed by the respondent herein in I.A.No. 710 of 2013.

(3.) It is seen that actually there were two suits and this particular suit from which the present revision arose was a suit for partition and separate possession. A decree was passed. Thereafter the parties joined issues on the decree by filing a First Appeal, by filing Sa econd Appeal and also by taking the warpath to the doors of the Hobn'ble Supreme Court. Finally the decree was confirmed. This would indicate that the petitioner herein as plaintiff should have been extremely satisfied that the legal proceedings which he had instituted culminated by confirming the preliminary decree granted in his favour by the trial Court.