O SUBBAIAH Vs. R SUBBULAKSHMI

JUDGEMENT

(1.) Challenge in this civil revision petition is made to the fair and decreetal order, dated 05.12.2016, passed in I.A.No.480 of 2016 in O.S.No.16 of 2016, on the file of the District Munsif Court, Virudhunagar.

(2.) The suit has been laid by the plaintiffs for the relief of permanent injunction. The said suit has been vehemently contested by the defendants.

(3.) Pending suit, it is found that the plaintiffs have taken out an application for appointment of Advocate Commissioner to inspect the suit property with the assistance of survey records and with the help of a qualified Surveyor and Village Administrative Officer and note down the physical features pertaining thereto and file a report with plan, which would help to adjudicate the issues involved in the suit. The above said application came to be resisted by the defendants. The Lower Court, on a consideration of the rival contentions putforth by the respective parties, was pleased to dismiss the application preferred by the plaintiffs seeking for appointment of Advocate Commissioner. Challenging the same, the present civil revision petition has been preferred.