SANTHA SATHEESH Vs. H.J.WALTER

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decreetal order dated 30/8/2012 made in I.A. No. 726 of 2011 in O.S. No. 294 of 2011 on the file of the Sub-Court, Palani (Camp Court Kodaikanal). The respondents are the plaintiffs in O.S. No. 294 of 2011 on the file of the Sub-Court, Palani. The suit has been filed by the respondents for declaration and mandatory injunction for removal of the superstructures restraining the defendants from making further constructions and also for mandatory injunction with respect to certain lease deeds. Pending the trial of the suit, the plaintiffs have filed an application in I.A. No. 726 of 2011 under Order 26 Rule 9 CPC for appointment of Advocate Commissioner for inspecting the property with the assistance of Surveyor to note down the physical features to ascertain the four boundaries and to file a report with plan.

(2.) In the affidavit, inter alia, it is alleged by the plaintiffs that after filing of the suit, the defendants 1 to 4 have made further construction and even after filing of the suit, the plaintiffs did not get any relief. Hence an Advocate Commissioner has to be appointed, so as to inspect the property with the assistance of Surveyor for noting down the physical features to find out the four boundaries and to file a report with plan.

(3.) The defendants have filed a counter in which among other things they have also stated that the appointment of Commission for local inspection is unsustainable in law. The suit filed by the petitioner is for declaration, consequential injunction and a mandatory injunction for removal of superstructures.