PACKIAM Vs. CHELLAIAH

JUDGEMENT

(1.) This Civil Revision Petition came to be filed assailing the order passed by the learned Sub-Judge, Kovilpatti in I.A.No.169 of 2012 in A.S.No.31 of 2012 on 7/2/2014. The Appeal Suit bearing A.S.No.31 of 2012 on the file of the learned Sub-Judge, Kovilpatti was preferred as against O.S.No.49 of 2004 on the file of the District Munsif Court, Vilathikulam. O.S.No.49 of 2004 was a suit for declaration and permanent injunction. The said suit was dismissed on merits. As against the same, the plaintiff had filed A.S.No.31 of 2012 before the Sub-Judge, Kovilpatti. Along with the same, the Appellant / Plaintiff had filed I.A.No.169 of 2012 under Order 26, Rule 9 of the Code of Civil Procedure, 1908, seeking to appoint an Advocate Commissioner to survey the plaint schedule property with the aid of a surveyor on the basis of revenue documents with respect to the plaint schedule property.

(2.) A counter was filed by the fourth respondent, who was the fourth defendant in the original suit. The learned first Appellate Court allowed the said petition on 7/2/2014. As against the same this Civil Revision Petition is filed. For the sake of convenience, the parties herein are arrayed as in the I.A.No.169 of 2012.

(3.) This case was taken up for hearing on 7/3/2023, on which date the learned Counsel for the revision petitioner submitted his arguments. Thereafter, the case was posted for respondent side arguments on 10/3/2023 and 30/3/2023, both dates on which, there was no representation for the respondent. Recording the same, the revision petitioner was allowed to submit his arguments further and the case was posted under the caption 'For Orders' on 21/4/2023.