M. K. R. MOHAN Vs. K. SIVANANDHAM

JUDGEMENT

(1.) This Civil Revision Petition has been filed under Article 227 of the Constitution of India praying to set aside the order dtd. 12/10/2022 passed by the learned XI Assistant City Civil Judge, Chennai in I.A.No.7718 of 2017 in O.S.No.3150 of 2017.

(2.) The petitioners filed a suit in O.S.No.3150 of 2017 before the City Civil Court, Chennai against the respondents/defendants for the following reliefs:

(3.) Along with the suit, the petitioners/plaintiffs filed I.A.No.7718 of 2017 under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 for appointment of an Advocate-Commissioner with the help of a Registered Surveyor to measure the undivided share and super built-up area of all the owners of the respective flats in Schedule 'A' property including the common area available and file a report before the Court. The learned XI Assistant City Civil Judge, after hearing both side parties, dismissed the said I.A.No.7718 of 2017 vide the impugned order.