LAWS(MAD)-2015-11-21

R. MYILSAMY Vs. S. MYILSAMY AND ORS.

Decided On November 04, 2015
R. Myilsamy Appellant
V/S
S. Myilsamy And Ors. Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the revision petitioner and the learned counsel appearing for the respondents.

(2.) THE second defendant in O.S. No. 205 of 2010 has come forward with the present Civil Revision Petition challenging the impugned order dated 18.08.2015 made in I.A. No. 168 of 2015 in O.S. No. 205 of 2010, wherein the application for appointment of an Advocate Commissioner filed under Order 26 Rule 9 CPC came to be dismissed.

(3.) WHILE so, the revision petitioner herein filed an application in I.A. No. 168 of 2015 in O.S. No. 205 of 2010 for appointment of an Advocate Commissioner to inspect the suit property to note down the physical features of the subject matter of all the three suits and file a report regarding the age and stability of the building along with sketch, with the help of an expert, to prove that the property is not fit for occupation.