SARASWATHY Vs. VISWANATHAN

JUDGEMENT

(1.) By consent the main revision petition itself is taken up.

(2.) The civil revision petition is filed against the order of dismissal of the prayer for the appointment of an Advocate Commissioner to visit the suit property, note down the physical features, besides the age, stage and measurement of the new construction in B Schedule property and submit a report, by the learned Principal Subordinate Judge, Kumbakonam, made on 3/4/2001 in I.A.No.78 of 2001 in O.S.No,65 of 2001 on his file.

(3.) The suit itself has been filed for permanent injunction restraining the defendant, his men, servants, agents, etc. from in any manner interfering with the easementary right of light and air to A Schedule School Buildings by making any offending constructions in the B Schedule site or by making any further constructions and for a mandatory injunction for removal of the offending constructions in B Schedule site, which are affecting or interfering with the easementary right of light and air to A Schedule School Buildings.