SEVUGAN Vs. CHINNATHAMBI

JUDGEMENT

(1.) The civil revision petition arises against the order dated order dated 20.04.2016 made in I.A.No.1069 of 2015 in O.S.No.145 of 2014 on the file of the District Munsif, Devakottai and set aside the same.

(2.) According to the learned counsel for the petitioners, the revision petitioners/plaintiff have filed the suit in O.S.No.145 of 2014, praying for declaration of title and permanent injunction against the respondent herein. During the pendency of the suit, the petitioners herein/plaintiffs have also filed an interlocutory application in I.A.No.1069 of 2015 before the learned District Munsif, Devakottai, for appointment of an advocate commissioner to inspect and measure the suit property with the help of surveyor and to submit a report and plan before the trial Court.

(3.) Counter affidavit has been filed by the respondent/plaintiff, objecting the appointment of advocate commissioner stating that the said interlocutory application has been filed by the petitioner only to drag on the proceedings and also contended that the advocate commissioner cannot be appointed to collect the evidence for the possession of the suit property. The said application was dismissed by the Court below. Aggrieved by the said order, the above civil revision petition has been filed by the revision petitioner before this Court.