J ARIVALAGAN Vs. R VIJI

JUDGEMENT

(1.) The revision petitioner is the plaintiff in O.S.No.3503 of 2013 on the file of VI Assistant Judge, City Civil Court, Chennai. The respondent is the defendant therein. The prayer in the suit is for permanent injunction restraining the respondent from putting up any construction in the property bearing New Door No.16, Old Door No.13, Palayakar Street, II Lane, Ayanavaram, Chennai, measuring an extent of 726 sq.ft., morefully described in the schedule and more particularly at the northwest corner of the suit property measuring 3 ft. x 6 ft.

(2.) While so, the respondent herein filed O.S.No.853 of 2013 on the file of the same Court. The revision petitioner is the second defendant therein. The prayer in O.S.No.853 of 2013 is as follows:-

(3.) At that stage, the respondent herein filed I.A.No.10645 of 2015 in O.S.No.3503 of 2013 for appointment of Advocate Commissioner to make inspection in the schedule property with the help of a qualified civil engineer and to note down the physical features of the property to ascertain the extent of encroachment made by the revision petitioner and the nature of damage to the property of the respondent herein, which is adjacent to the schedule mentioned property and also to file a report, sketch with photographs.