VENKATACHALAPATHI ALIAS BOOPATHI Vs. P J VENKATARAMAN

JUDGEMENT

(1.) THE plaintiff in a suit for bare injunction is the petitioner before this Court. The present civil revision petition is filed by the petitioner aggrieved against the order passed by the Court below in dismissing the application filed by the petitioner seeking for appointment of a Commissioner to note down the physical features of the suit property.

(2.) THE fight is between the father and the son. The suit after contest was dismissed by the trial Court by its judgment and decree dated 27.01.2011. Aggrieved against the same, the petitioner preferred an appeal before the Sub Court, Erode in A.S.No.14 of 2011. During the pendency of the appeal, the petitioner filed I.A.No.892 of 2011 seeking for appointment of Commissioner to note down the physical features of the suit property and to take measurements. The said application was dismissed by the Court below by its order dated 08.08.2011 holding that appointment of Advocate Commissioner that too for noting down the physical feature does not arise in the suit for bare injunction. Aggrieved against the same, the present Civil Revision Petition is filed by the petitioner.

(3.) HEARD the learned counsel for the petitioner as well as the learned counsel for the respondent.