S NAMBINARAYANAN Vs. S RAMAN REDDIAR

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order dated 26.8.1997 made in I.A.No.1091 of 1996 in O.S.No.771 of 1993 by the Court of Principal District Munsif, Tirunelveli thereby dismissing the said petition filed by the petitioners, who are the defendants to the suit to scrap the Commissioner's report already filed by the Advocate-Commissioner and appoint a new Commission to measure the property with the help of a qualified Surveyor and the District Surveyor and to submit a report.

(2.) TODAY, when the above matter was taken up for consideration in the presence of the learned counsel for both, it comes to be known that the suit is one filed by the respondents herein praying for permanent injunction restraining the defendants from putting up any further construction in the Schedule II of the suit properties.

(3.) THIS Court is not able to find any tangible reason existing in favour of the petitioners seeking the appointment of a new Commission scrapping the report already submitted by the Commissioner appointed by the Court. Moreover, appointment of a Commission, though often times are initiated by one of the parties or by both, still, it is only for the purpose of the Court to find out the truth more clearly and in full and based on the report filed, the Court should arrive at the conclusion in consideration of the other available materials placed on record and in the said process, if the Court is satisfied with the Commissioner's report, just for the simple reason that they are not satisfied with the Commissioner's report, the petitioners could not seek for a fresh commission or scrapping the earlier report, which is undesirable and cannot be sustained.