LAWS(MAD)-2014-10-42

SUGUMARAN Vs. SIVAGANDHI

Decided On October 10, 2014
SUGUMARAN Appellant
V/S
Sivagandhi Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order dated 11.03.2014 made in I.A. No. 951 of 2011 in O.S. No. 60 of 2011 on the file of the District Munsif, Katpadi, in allowing the application filed by the respondent herein, seeking for appointment of an Advocate Commissioner to inspect the suit properties with the help of Taluk Surveyor and to measure and identify the boundaries of petition properties and to note down other physical features of the same and to file a report with sketch.

(2.) THE petitioner herein is the defendant in O.S. No. 60 of 2011 filed by the respondent herein for bare injunction, restraining the defendant from in any manner interfering with her peaceful possession and enjoyment of the suit property, situated at Survey No. 61/115, measuring 0.02.19 hectares, at Mariyamman Koil Street, Latteri Village.

(3.) IT is the specific case of the plaintiff that the property referred to in O.S. No. 323 of 2009 is in respect of Survey No. 61/114, whereas, the present property, for which the suit is filed, is situated at Survey No. 61/115. The trial Court allowed the application by observing that the appointment of an Advocate Commissioner would help the Court to put an end to the dispute between the parties, since the identification of the boundaries of the respective properties can be done by such appointment of Advocate Commissioner.