LAKSHMIAMMAL Vs. PRESIDENT KEEZHARAJAKULARAMAN PANCHAYAT

JUDGEMENT

(1.) THIS Revision is filed against the order of Additional District Munsif, Srivilliputhur made in I.A.858/2004 in O.S.360/2000 dated 8.10.2004, dismissing the Application filed under Order 26 Rule 9 C.P.C seeking appointment of Advocate Commissioner.

(2.) AT the time when the Revision Petition was admitted, in C.M.P.No.159/2005 interim stay was granted. V.C.M.P.80/2005 is filed to vacate the order of interim stay. When the miscellaneous petition came up for hearing, with the consent of both counsel, the main writ petition itself has been taken up for final hearing.

(3.) I.A.858/2004: - The Revision petitioner / Plaintiff has filed this Application for appointment of an Advocate Commissioner. According to the Plaintiff, the appointment of Advocate commissioner is necessary to show that she has put up North-South Compound Wall in the suit property. Further on the Western side of the Compound Wall, she has left 2 feet vacant space for maintaining the Compound Wall and that there is no encroachment. To note down the physical features and to find out that there is no encroachment, the above Application was filed for appointment of Advocate Commissioner.