SUSAINATHAN Vs. MANIYASARAM

JUDGEMENT

(1.) THE civil revision petition is directed against the fair and decretal order dated 19.3.2002 passed in I.A.No. 1646 of 2000 in O.S. No. 17 of 1996 on the file of the Principal District Munsif, Ulundurpet.

(2.) THE revision petitioner is the plaintiff in O.S. No. 17 of 1996. The plaintiff has instituted a suit against the defendants for separate possession of the suit properties. After contest a preliminary decree was passed by the learned Principal District Munsif, Ulundurpet on 30.10.1998. Thereafter, the plaintiff filed a petition in I.A. No. 1618 of 1999 for passing final decree. While the said petition was pending before the said Court, the plaintiff has filed one another petition in I.A. No. 1646 of 2000 wherein he sought for an appointment of Commissioner for inspecting the suit properties in item 1 and 2 and also enquire the petitioner and his witnesses and fix the mesne profits at Rs. 5,19,420 and to file a report by the defendants.

(3.) NOW the point to be decided in this petition is whether the fair and decretal order passed by the learned Principal District Munsif, in I.A. No. 1646 of 2000 in O.S. No. 17 of 1996 is sustainable under law.