BANU @ BANUMATHI Vs. MUNIAMMAL

JUDGEMENT

(1.) A learned Judge of this Court has referred the above Civil Revision Petition to a Division Bench for considering the following question:-

(2.) Before the learned single Judge, the learned counsel appearing for the petitioners relied upon a judgment Saraswathy and another vs. Viswanathan, 2002 2 CTC 199 wherein this Court held as follows:-

(3.) The learned counsel appearing on behalf of the respondent in support of his contention relied upon the judgment Chandrasekaran & 6 others v. V.Doss Naidu, 2006 2 LW 159 wherein this Court confirmed the fair and final order passed by the trial Court refusing to appoint an Advocate Commissioner which found that (i) the Advocate Commissioner cannot be appointed to prove the long possession of the defendants, (ii) the Commissioner cannot note the age of the building and trees and (iii) the petition has been filed with a view to delay the trial proceedings. This Court, while dismissing the Civil Revision Petition, held that an Advocate Commissioner cannot be appointed to file a report relating to the nature of possession.