PRABAKARAN Vs. V. SUNDARAPANDIAN

JUDGEMENT

(1.) This petition has been filed against the order dtd. 19/1/2024 made in I.A.No.02 of 2023 in O.S.No.96 of 2023 on the file of the District Munsif Court, Uthamapalayam, Theni District.

(2.) Suit in O.S.No.96 of 2023 was filed by the respondent herein seeking relief of permanent injunction and for cost. Pending suit, the revision petitioner received the summons to appear before the trial Court and during the trial process he filed I.A.No.2 of 2023 under Order 26 Rule 9 of C.P.C. seeking appointment of Commissioner to note down the physical features with the following averments.

(3.) Along with the plaint an othi document dtd. 1/11/2022 was enclosed. The description of the property in the document does not tally with the ground situation. In the plaint it has also stated that 20 cents were sold to one Sengodi. It is omitted in the plaint. At the instigation of the above said Sengodi by mentioning wrong description of the property, plaint is presented. The above said Sengodi obtained service connection in the property, which is not connected to him. Therefore, unless a Commissioner is appointed, the physical features may not be brought on record.