KULANTHAIVELU THEVAR Vs. VEERAPTHIRAN

JUDGEMENT

(1.) CHALLENGING the fair and final order passed in I.A. No.161 of 2012 in O.S. No.19 of 2010 on the file of District Munsif Court, Muthukulathur, the plaintiffs have filed the above civil revision petition.

(2.) THE Plaintiffs filed the suit in O.S. No.19 of 2010 for permanent injunction. In the said suit, the plaintiffs filed an application in I.A. No.161 of 2012 seeking for appointment of an Advocate Commissioner to note down the physical features. The said application was opposed by the defendant. The Trial Court took into consideration the case of both parties and while dismissing the application found that there is no dispute with regard to the boundaries mentioned in the suit property.

(3.) FURTHER in a suit for bare injunction, the only question that has to be decided is with regard to the possession of property. Since the present application has been filed by the plaintiffs to note down the physical features, the Trial Court has rightly dismissed the application holding that there is no dispute with regard to the boundaries mentioned in the suit property. It is needless to state that the plaintiffs have to establish their case by acceptable oral and documentary evidences.