GOVINDAMMAL; CHINNAPAPPA; SANKARAN; MANOKARAN Vs. S P RAJKUMAR

JUDGEMENT

(1.) The present civil revision petition is filed by the appellants before the court below who are the defendants in a suit for bare injunction filed by the respondent herein. They are aggrieved against the order passed by the court below in dismissing their application filed for appointment of an Advocate Commissioner to inspect the suit property including the disputed property and the schedule mentioned property and note down the physical features and the existence of the shop and to submit a report and plan.

(2.) The court below rejected the said application on the reason that already during the pendency of the suit, a Commissioner was appointed in I.A.No.239 of 2010 at the instance of the plaintiff and he has also filed a report before the trial court. Therefore, the court below has found that the present application filed before the Appellate Court is not maintainable since the petitioners herein are trying to establish their case by reappointing the Commissioner once again which is not warranted.

(3.) Heard Mr.C.Venkatesan, learned counsel appearing for the petitioners and Mr. P.Mani, learned counsel appearing for the respondent.