D.SAIKUMARAN Vs. T.R.SULOCHANA

JUDGEMENT

(1.) This revision has been filed invoking the power of superintendence of the High Court over the Subordinate Courts under Article 227 of the Constitution of India questioning the legality of the order dated 19.04.2013 made in I.A.No.722 of 2013 in O.S.No.6 of 2008 pending on the file of the Sub Court, Tambaram. The defendants 1 and 2 in the above said suit are the petitioners in the Civil Revision Petition. The plaintiff is the first respondent and the defendants 3 and 4 are the respondents 2 and 3 in the Civil Revision Petition.

(2.) The suit was filed by the first respondent herein against the revision petitioners and respondents 2 and 3 herein for a declaration that the first respondent herein / plaintiff is the absolute owner of the suit property and for a permanent injunction restraining the defendants from in any manner installing any petroleum retail outlet either in whole or any part of the suit property and from interfering with the first respondent / plaintiff's alleged peaceful possession and enjoyment of the suit property. The first respondent in the Civil Revision Petition / plaintiff in the said suit, filed an application I.A.No.722 of 2009 praying for appointment of an Advocate Commissioner to note down the physical features of the suit property, measures the same with the help of a qualified surveyor and submit a report and plan.

(3.) The learned trial Judge, after hearing, rejecting the objections raised by the revision petitioners herein, allowed the application and appointed an Advocate Commissioner by an order dated 19.04.2013 and the same is impugned in the present Civil Revision Petition.