ANWAR BATCHA Vs. S. MAHUEDOOM

JUDGEMENT

(1.) The fair and decreetal orders dated 31.10.2013 and made in I.A.No.719 of 2013 in O.S.No.28 of 2011, on the file of the learned District Munsif, Sathankulam, have been challenged in this memorandum of civil revision petition.

(2.) The revision petitioners herein are the defendants in the suit in O.S.No.28 of 2011, on the file of the learned District Munsif, Sathankulam, whereas the respondent herein is the plaintiff.

(3.) With reference to the facts of the case, it is to be stated that the respondent/plaintiff had filed a suit in O.S.No.28 of 2011 as against the revision petitioners, on the file of the learned District Munsif, Sathankulam, seeking the relief of permanent injunction restraining the revision petitioners/defendants, their men, agents and servants, from interfering with his peaceful possession and enjoyment of the schedule mentioned property and also for costs. The said suit was contested by the revision petitioners/defendants by filing their written statement and when the matter stood thus, the revision petitioners/defendants had taken out an interlocutory application in I.A.No.719 of 2013 in the said suit in O.S.No.28 of 2011, on the file of the learned District Munsif, Sathankulam, under the provisions of Order XXVI Rule 9 and Section 151 of the Code of Civil Procedure, seeking for appointment of Advocate Commissioner to note down the physical features of the suit property and also to file a report along with plan. As per the plaint schedule, the suit property has been described as under: Housing site and house bearing Door No.61, comprised in Natham Survey No.574/3, situated at Thaikka Street, Ward No.6, at Sathankulam Town, Sathankulam Town Panchayat Board, within Palayamkottai Registration District, Sathankulam Sub- Registry, bounded with the following boundaries: