N SATHEESH KUMAR Vs. C D SEKHAR

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of Principal District Munsif, Bhavani made in I. A. No. 640 of 2003 in I. A. No. 565 of 2003 in O. S. No. 180 of 2003, partly allowing the Petition filed under Order 26 Rule 10 (3) C. P. C read with Section 151 C. P. C, re-appointing the Advocate Commissioner and directing him to file Supplementary Report. Defendant is the Revision Petitioner.

(2.) O. S. NO. 180 of 2003:- The Suit Property relates to the landed property in R. S. No. 799/8,9,10,11 and the Cart Track thereon. The Suit Property originally belonged to Ramanathan Chettiar, who has purchased the Suit Property by the Sale Deed dated 17/4/1937. Subsequently, the said Ramanathan Chettiar and his Wife Sellammaiachi sold the Suit Property and other properties to one Sengoda Gounder by a Sale Deed dated 16/4/1956. Subsequently, the said Sengoda Gounder sold the Suit Property to one Lakshiammal. The Suit Property and other properties were purchased by one Srinivasan Pillai and his Wife Lakshmiammal under various Sale Deeds. During their life time, Srinivasan Pillai and his Wife Lakshmiammal have executed Registered Will in respect of the properties belonging to them on 5/8/1963, bequeathing in favour of four Sons with a condition that the Sons are entitled to enjoy the properties during their life time and after their life time, the properties allotted to the Sons to be devolved upon their Male Heirs. The Father of Plaintiffs 1 and 2 - C. S. Duraisamy obtained the Suit Property through the above said Will dated 5/8/1963 and enjoying the Property till his death. After his death, Plaintiffs 1 and 2 have succeeded to the Suit Property and other properties and absolutely enjoying the same. There is a Nilavial Cart Track situate in R. S. No. 799/9 as shown in the Plaint Plan. The Nilavial Cart Track is enjoyed by the Plaintiffs absolutely. There had been no occasion or necessity for the Defendant to use the Nilavial Cart Track in R. S. No. 799/9. By mistake, the name of the Vendors of the Defendant was included in the Patta in respect of Nilavial Cart Track in R. S. No. 799/9. Taking advantage of the same, the Defendant has been attempting to put up construction in the property situated in R. S. No. 799/10, which absolutely belongs to the Plaintiffs. Hence, the Plaintiffs have filed the Suit for Permanent Injunction, restraining the Defendant, his Men, Agents and Servants from disturbing peaceful possession and enjoyment of the Suit Property by the Plaintiffs.

(3.) I. A. NO. 565 of 2003:- In this Application filed by the Plaintiffs under Or. 26 R. 9 C. P. C. , Advocate Commissioner was appointed to note down the physical features in and around the Suit Property. The Commissioner had visited the Suit Property and filed his Report on 06. 08. 2003. On 13. 08. 2003, the Defendant has filed his Objection to the Report seeking for scrapping the Report of the Advocate Commissioner.