KITNAMMAL Vs. NALLASELVAN

JUDGEMENT

(1.) THE revision petitioner is the defendant in O. S. No. 140 of 2002 on the file of the Additional District Munsif Court, Namakkal. The revision is filed against the order dated 13. 12. 2002 made in I. A. No. 325 of 2002 in I. A. No. 213 of 2002.

(2.) I. A. NO. 325 of 2002 was filed to scrap the report and the rough plan of the first advocate-commissioner filed in I. A. No. 213 of 2002. The trial Court after enquiry dismissed the petition.

(3.) THE respondents/plaintiffs filed the suit on 12. 2. 2002 for declaration that the defendant is not entitled for any irrigation channel and also for pathway in the suit lands at Pudukottai village, Namakkal District and for consequential permanent injunction. The suit was contested by filing written statement on 26. 6. 2002. The plaintiffs also filed I. A. No. 213 of 2002 along with the suit, in which, advocate-commissioner was appointed, who after inspecting the suit properties on 14. 2. 2002 filed report and rough plan. At the time of inspection by the first advocate-commissioner, the defendant was present near the suit properties and only after informing him, the first advocate-commissioner inspected the suit properties. The defendant has filed objection to the report of the first advocate-commissioner on 7. 3. 2002 and he also filed I. A. No. 324 of 2002 stating that the report and rough plan of the first advocate-commissioner is incorrect in material features and seeking local inspection of the suit properties by the Court, in which, it appears, another advocate-commissioner was appointed without setting aside the report of the earlier advocate commissioner. The second advocate-commissioner appointed in I. A. No. 324 of 2002, after inspecting the suit properties has filed report along with rough plan. Thereafter, the defendant has filed I. A. No. 325 of 2002 to scrap the rough plan and report of the first advocate-commissioner appointed at the instance of the plaintiffs in I. A. No. 213 of 2002.