DR. THIRURAVU Vs. SHEN BAGAM AMMAL

JUDGEMENT

(1.) The revision petitioners are the defendants in the suit O S.No.979 of 1993 on the file of Subordinate Judge, Tiruchirapalli.

(2.) The suit is for permanent injunction restraining the defendants from interfering with the alleged peaceful possession and enjoyment of the suit properties by the plaintiffs. The defendants had already filed a caveat in O P. No. 984 of 1993. The plaintiffs filed I.A.No. 571 of 1993 for interim injunction and I.A. No.972 of 1993 for ex parte appointment of a Commissioner for local inspection and for noting the physical features of the properties. In I.A. No.571 of 1995 for interim injunction the court ordered notice to the defendants' counsel, but in I. A. No.572 of 1993 for ex parte appointment of Commissioner no notice was ordered and the petition was allowed. It is against this ex parte order appointing a Commissioner in I.A. No 572 of 1993 this revision petition has been filed.

(3.) It is a argued that while the defendants had already lodged a caveat and it was pending, without notice to the defendants, the order of appointment of Commissioner is illegal and is liable to be set aside.