K RAMASAMY Vs. M SWAMINATHAN

JUDGEMENT

(1.) THE first respondent in I. A. No. 1476 of 2003 and plaintiff in O. S. No. 281 of 2002 on the file of the Court of District Munsif, Tiruppur, is the revision petitioner in this Civil Revision Petition.

(2.) THIS revision is directed against the order dated 07. 6. 2004 and made in I. A. No. 1476 of 2003 in O. S. No. 281 of 2002 on the file of the Court of District Munsif, Tiruppur, wherein the trial Court allowed the petition filed by the defendants 1 and 2 for appointment of Advocate Commissioner to measure the suit property and the property owned by defendants 1 and 2 on the basis of the documents, assisted by a Land Surveyor, and also directed to file the report and rough sketch.

(3.) THE plaintiff filed the suit in December, 2002 for permanent injunction restraining the defendants 1 and 2 from constructing and running any factory close to the property described in the schedule comprising S. F. No. 668 in Nallur Village. It is stated that the suit property was purchased by the father of the plaintiff as per registered sale deed dated 18. 3. 1987. The plaintiff purchased an extent of 50 cents on the southern portion of the suit property on 16. 4. 1992 and he has been residing there by constructing two residential houses as per the plan approved by the third defendant Nallur Panchayat. It is further stated that the father of the plaintiff executed a registered settlement deed dated 21. 4. 1999 in favour of the plaintiff in respect of the northern 30 cents and he also executed another settlement deed dated 04. 02. 2002 in favour of the plaintiff in respect of the remaining 10 cents and as such, the plaintiff is the absolute owner of the entire extent of the suit property. The first defendant is the father of the second defendant and they own property of about one acre immediately on the east of the suit property. According to the plaintiff, the suit property is situate in a purely residential area and there is J. M. M. S. School and a Girls' College opposite to it and further, several residential houses are situate close to the suit property. It is stated that the defendants are making arrangements to construct a very big Banian Factory close to the residence of the plaintiff. Though the defendants stated in the beginning that they are constructing only housing plots, now they are making arrangements to convert the same into a factory building. Therefore, the plaintiff has come forward with the suit seeking for permanent injunction as set out above.