M MALAKONDIAH Vs. K PALANI

JUDGEMENT

(1.) THIS Civil Revision Petition is filed challenging the order dated 17.4.2012 in I.A.No3054 of 2012 in O.S.No.2078 of 2006 on the file of XVII Assistant Judge, City Civil Court, Chennai.

(2.) THE revision petitioners are defendants 1 and 2 in the suit. The respondents/plaintiffs 1 and 2 and another filed the suit for a mandatory injunction to direct defendants 1 to 3 to demolish the unauthorised construction made by defendants 1 and 2 in the first floor on the Eastern side running to a length of 17 feet and to a breadth of 1 feet on the plaintiffs' property and marked as I and J and coloured red in the sketch attached with the plaint including a direction to defendants 1 and 2 to close the openings made by them on the Northern side wall of the second floor facing the plaintiffs' property and also for a permanent injunction restraining defendants 1 and 2, their men, agents, servants or any other person or persons claiming through or under defendants 1 and 2 from in any manner proceeding further with the unauthorised construction in the property, morefully described in B schedule thereunder. The defendants filed the written statement and contested the suit.

(3.) WHILE so, the petitioners have filed the present I.A. to direct the Advocate Commissioner to measure the physical features of the suit schedule properties by taking proper measurements with the help of Government Surveyor by re-issuing the warrant to the same Commissioner or to appoint an Advocate Commissioner on the ground that the respondents/plaintiffs 1 and 2 have encroached upon the properties and the defendants had sought for a counter-claim and the encroachment was done by the plaintiffs pending suit and after inspection of the Advocate Commissioner appointed by the trial Court. The said I.A. was contested by the respondents/plaintiffs by filing counter affidavit.