SINGARAVEL Vs. M. PADMAVATHY

JUDGEMENT

(1.) This Civil Revision petition has been filed by the defendants aggrieved by the fair and decreetal order passed in I.A.No.195 of 2018 by the Additional District Munsif Court, Kanchipuram, dtd. 6/2/2018, dismissing the application filed by the petitioners / defendants to scrap the Advocate Commissioner report dtd. 7/2/2018 and to appoint a new Commissioner to survey the property with the help of a surveyor and to note down the physical features and submit a report with the plan.

(2.) The respondent / plaintiff filed a suit in O.S.No.47 of 2005 seeking for the relief of declaration, permanent injunction and mandatory injunction. The cause of action for filing the suit was that the respondent / plaintiff had purchased the plot and that the defendants are attempting to disturb the easementary right of the plaintiff and are encroaching upon the same by putting up a construction.

(3.) Pending the suit, the respondent/ plaintiff had filed an application for appointment of Advocate Commissioner and the same was allowed and the Advocate Commissioner was appointed to inspect the suit property and to note down the physical features and file a report along with the plan. Pursuant to the same, the Advocate Commissioner inspected the property and a report was submitted before the Court below on 7/2/2018 along with the plan.