P.CHINNARAJ Vs. K.GOVINDASAMY

JUDGEMENT

(1.) The plaintiff is the revision petitioner before this Court, challenging the order passed in I.A.No.355 of 2013 in O.S. No.189 of 2012 dated 02.08.2013, on the file of the Additional District Munsif, Chengam.

(2.) The case of the petitioner/plaintiff is that he has filed the suit against the defendants suit for easement right in respect of 'B' schedule property and for permanent injunction.

(3.) Further case of the petitioner/plaintiff is that when the suit was filed, there was a cart track in the B schedule property is in existence, but the said cart track was destroyed by the respondent/defendant before two days of visiting by the Advocate Commissioner, since the petitioner has filed the application for appointing of the Advocate Commissioner and the Court passed an order of appointing an Advocate Commissioner to note down the existence of the cart track. While the Advocate Commissioner was inspected the suit schedule of property, he note down in his report that cart track was destroyed before 2 days of the visiting of the Advocate Commissioner. Accordingly, he filed the report by mentioning the same.