JOHNSON Vs. DAVID DANIEL

JUDGEMENT

(1.) THE Revision Petitions arise out of the orders passed by the learned II Additional District Munsif, Kuzhithurai in I.A. Nos. 529 and 557 of 2005 in O.S. N. 163 of 1998, dated 21.07.2006.

(2.) THE petitioners are defendants 2 to 5 in O.S. N. 163 of 1998, on the file of the learned II Additional District Munsif, Kuzhithurai. The respondents 1 and 2 had instituted a Suit against the petitioners and respondents 7 to 12, for declaration of title and for consequential permanent injunction, restraining the defendants from trespassing into the suit property.

(3.) IN the suit, the plaintiffs filed an application for appointment of Advocate Commissioner to note down the physical features of the suit property, in I.A. No. 502 of 2001, an Advocate Commissioner was appointed and he filed his report with plan. The petitioners filed objections to the Commissioner's report. Thereafter, the plaintiffs filed I.A. No. 498 of 2004, to reissue the warrant to the same Commissioner for inspecting the property and to file the report. The learned District Munsif allowed the petition. Thereafter, he filed his report, dated 25.02.2005.