K IBRAHIM SHAW JONNY Vs. JAINULLABDEEN

JUDGEMENT

(1.) THIS Writ petition is focussed to get set aside the order dated 07. 03. 2005 in I. A. No. 960 of 2003 in O. S. No. 12 of 2000 on the file of the learned district Munsif Court, Ramanathapuram.

(2.) THE facts giving rise to the filing of this petition as stood exposited from the records would run thus: o. S. No. 12 of 2000 has been filed for obtaining permanent as well as mandatory injunction in the Court of District Munsif, Ramanathapuram, which is pending. Admittedly, on earlier two occasions, two different Advocate commissioners were appointed by the trial Court and to visit the suit property and note the physical features and they submitted the reports which were marked also during trial. When the case had reached the stage of argument, the defendant who already got two Commissioners appointed as set out supra, had chosen to file I. A. No. 960 of 2003 for appointing one other Commissioner to verify as to whether the photographs marked relating to the suit property actually refer to the suit property or not, in view of the challenge having been made while cross-examining the defendant concerned.

(3.) THE learned trial Judge allowed that application by appointing fresh commissioner with the mission to visit the suit property and note the physical features.