ALAGARSAMY Vs. SUBA KARMEGAM

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order, dated 04.07.2017, made in I.A.No.268 of 2014, in O.S.No.21 of 2012 on the file of the Sub Court, Paramakudi.

(2.) The revision petitioner herein is the plaintiff and the respondent herein is the defendant.

(3.) Brief substance of the petition in I.A.No.2685 of 2014 is as follows: The plaintiff has filed a suit for declaration on the basis of a sale deed, dated 29.09.1999. The Court Commissioner visited the suit property on 13.03.2012. The measurements of the suit property and the adjacent property that belong to the petitioner were mentioned in the report. But, the measurements regarding the plaintiff's property that lies on the Eastern side of the suit property was not mentioned. Whether the suit property is a portion of the property mentioned in the sale deed has to be decided in the case and the measurements of the plaintiff's property also is necessary to decide the issue. To point out these particulars, re-issuance of the Commissioner Warrant is necessary for the re-visit of the Commission to measure the property on the basis of the sale deed, dated 29.09.1999.