FAROOK Vs. KANNIGA

JUDGEMENT

(1.) The plaintiff in O.S.No. 171/2009 pending on the file of the Principal District Munsif, Mayiladuthurai, is the petitioner in these civil revision petitions. The said suit has been filed for a mandatory injunction directing the respondent herein/defendant to remove the staircase put up by him on the compound wall claimed to be that of the petitioner herein/plaintiff within a time to be fixed by the court.

(2.) In the said suit, the revision petitioner herein/plaintiff filed a petition in I.A.No. 110/2010 for appointment of an Advocate-Commissioner to measure the properties of the petitioner and the respondent which are adjoining, with the help of the Taluk Surveyor and submit a report in order to enable the court to arrive at the conclusion as to in whose property the compound wall lies. As a petition was not opposed and the respondent also conceded the prayer, the learned Principal District Munsif allowed the said petition and appointed Thiru Murugavel, advocate as Commissioner to measure the properties of the petitioner and the respondent with the assistance of the Taluk Surveyor and submit a report.

(3.) Pursuant to the said order dated 11.03.2012, the Advocate-Commissioner caused the measurement of the properties of the petitioner as well as the respondent to be taken by the Taluk Surveyor and based on such measurements, the Advocate-Commissioner submitted his report dated 09.04.2011 along with his rough plan. Though the Taluk Surveyor was asked to assist the Advocate Commissioner in taking the measurements of the properties of the petitioner as well as the respondent, surprisingly, the Taluk Surveyor chose to submit a separate report along with a sketch prepared by him as per his measurements.