KARUPPANA COUNDER Vs. SHANMUGA COUNDER

JUDGEMENT

(1.) These Civil Revision Petitions are filed challenging the orders passed in I.A. No. 1545 of 2006 and I.A. No. 1583 of 2006 in O.S. No. 70 of 2005 by the District Munsif Court, Palani. The respondent instituted a suit in O.S. No. 70 of 2005 on the file of the District Munsif Court, Palani for declaration and permanent injunction restraining the defendants, their men from interfering with his peaceful possession and enjoyment of the suit property. The Petitioners are the defendants in the suit.

(2.) The Plaintiff filed an application in I.A. No. 1545 of 2006 for appointment of an Advocate Commissioner to note down the physical features of the suit property. The application was resisted by the Petitioners, but however, the learned District Munsif allowed the application. Challenging the said order, C.R.P (PD)(MD) No. 1214 of 2008 is filed. The defendants in the suit filed an application in I.A. No. 1583 of 2006 under Order 7 Rule 11 of C.P.C. to strike off the plaint. The respondent resisted the Petition. The learned District Munsif dismissed the application; Challenging the said order, C.R.P. (PD)(MD) No. 1675 of 2008 is filed.

(3.) The facts necessary for the disposal of the revisions are as follows: