K. MUTHU Vs. P. THANGAMMAL

JUDGEMENT

(1.) This revision petition has been filed seeking to set aside the fair and decreetal order passed in I.A.No.850 of 2013 in O.S.No.507 of 2013 dated 17.11.2016 on the file of the Court of II Additional District Munsif, Salem.

(2.) The plaintiffs in O.S.No.507 of 2013 on the file of the Additional District Munsif, Salem, are the revision petitioners. The revision petitioners/plaintiffs had filed a suit for permanent injunction restraining defendants 1 to 3 and their men from putting any construction over the suit property. In the said suit, the respondents had filed a written statement. The petitioners/plaintiffs had filed I.A.No.850 of 2013 seeking for appointment of Commissioner to note down the physical features of the suit property, to measure the same and to file a report.

(3.) The Trial Court, by order dated 31.05.2013, nominated Thiru.G.K.Pugazhendhi as Advocate Commissioner and that he was directed to issue notice to both the parties in advance and to inspect the suit property with the help of a qualified Surveyor, to note down the physical features and measurements and to file his report on 01.07.2013. His remuneration was fixed as Rs.3,000/- directly to be paid by the petitioners/plaintiffs. The petitioners/plaintiffs had paid the remuneration to the Advocate Commissioner, however, for the reasons best known to him, the Commissioner had not proceeded to conduct inspection and had not filed the report.