PR CHOCKALINGAM Vs. M PICHAI

JUDGEMENT

(1.) This civil revision petition is directed against the order of the learned Subordinate Judge, Devakottai made in I.A.NO.89 of 2002 in A.S.NO.15 of 2002 dated 26.11.2002.

(2.) The said interlocutory application was filed by the respondents herein seeking for appointment of an advocate commissioner under Order XXVI Rule 9 read with Section 151 of the Civil Procedure Code to inspect the suit property and also the adjacent properties with the help of a municipal town surveyor and to find out as to whether the suit property is in Duraisinga Nagar Lay Out. The said application was allowed. The respondent in the said application has filed the present revision.

(3.) . Few facts leading to the filing of the civil revision petition are as follows : The petitioner filed O.S.NO.79 of 1999 before the District Munsif, Karaikudi for a permanent injunction restraining the respondents from trespassing into the suit property. After contest, the suit was decreed in favour of the petitioner. Aggrieved by the said judgment and decree, the respondents preferred an appeal in A.S.NO.15 of 2002 before the Subordinate Court, Devakottai. While the appeal was pending, the respondents filed I.A.No.89 of 2002 for appointment of a commissioner. The learned Subordinate Judge considered the application on merits and allowed the same by directing the appointment of commissioner to report as prayed for by the respondents. The details of discussion made and the reasons adduced on merits by the Subordinate Judge for appointment of the commissioner are not elaborated, as the challenge to the order is only on a legal ground.