P S RENGARAJAN Vs. K G PANDURANGAN

JUDGEMENT

(1.) Heard the learned Counsel appearing for the Petitioner as well as the learned Counsel appearing for the First Respondent. This Civil Revision has been preferred challenging the order, dated 3.7.2012 made in C.M.P. Sr. No. 58572 of 2011 in A.S. No. 286 of 2011 on the file of the III Additional Judge, City Civil Judge, Chennai.

(2.) It is seen that the unnumbered C.M.P in C.M.P. Sr. No. 58572 of 2011 in A.S. No. 286 of 2011 was filed by the Petitioner herein under Order 18, Rule 18, C.P.C., seeking the Appellate Judge of the Court below to inspect the suit property and other properties for ascertaining the correct position and existence in Adyar Apartments at Kottur Gardens by way of local spot inspection by the learned Judge of the Court below.

(3.) It is an admitted fact that originally an Advocate-Commissioner was appointed by the Trial Court to inspect the suit property and note down the physical features. The said Commissioner filed his report and sketch, which were scrapped by Court and a second Commissioner was appointed for the same purpose. The second Advocate-Commissioner after his inspection, filed his report and sketch before the Trial Court, which were marked as documents. However, after the trial, the Suit was decreed, aggrieved by which, the Petitioner herein preferred Appeal before the Court below.