VARALAKSHMI Vs. C.VIJAYAKUMAR

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the Trial Court dismissing the application filed by the petitioner/5th defendant seeking appointment of Advocate Commissioner to note down the physical features of the suit property in I.A.No.1 of 2025 in O.S.No.193 of 2023, dtd. 2/9/2025.

(2.) The 1st respondent herein filed a suit seeking declaration that the Sale Deed dtd. 6/12/2017 executed by 4th defendant in favour of 5th defendant was null and void. He also sought for a declaration of his title to the suit property and for recovery of vacant possession. Apart from that the plaintiff also sought for mandatory injunction directing the 2nd defendant to cancel patta issued in favour of 5th defendant. Pending suit, the 5th defendant herein filed an application seeking appointment of Advocate Commissioner to note down physical features. The said application was dismissed by the Trial Court. Aggrieved by the same, the petitioner has come before this Court.

(3.) The learned counsel appearing for the petitioner would submit that noting the physical features of the property will help the Court to come to a conclusion with regard to the actual possession of the property.