THIRUMALAI ALIAS PONNUSAMY Vs. S KUMARASAMY

JUDGEMENT

(1.) THIS revision has been preferred by the first defendant in the suit, as against the dismissal of the I. A. ,filed by him to pass an order reissuing the Commissioner's warrant to the very same Commissioner already appointed in I. A. No. 555 of 2003 to measure the properties occupied by the plaintiff along with a Surveyor and to file a detailed report and sketch in to court.

(2.) ACCORDING to the revision petitioner/first defendant, the Advocate Commissioner appointed in the earlier Application visited the suit properties and filed his report with plan. At the time of his visit, the Commissioner has measured the properties occupied by him alone and he failed to measure the properties of the plaintiff. When he requested the Commissioner to measure the same, the Commissioner refused to measure since there is no such direction in the warrant issued to him by the trial court. But the learned District Munsif, Erode dismissed the said application holding that having failed to make any objection to the earlier report and plan, the first defendant is not entitled to move the present application.

(3.) LEARNED counsel appearing for the revision petitioner submits that the physical features and the measurements of the properties of both the parties are absolutely necessary to decide the matter. Therefore the commissioner who already appointed in the earlier I. A. , is to be redirected to make a revisit to the suit properties to measure the properties of both parties in order to arrive at a correct conclusion.