S RAMACHANDRAN Vs. S CHINNARAJ

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decreetal order dated 26.07.2013, made in I.A.No.18 of 2013 in A.S.No.8 of 2012 on the file of the Subordinate Court, Periyakulam.

(2.) The petitioner is the defendant in O.S.No.158 of 2008 on the file of the District Munsif Court, Periyakulam and appellant in A.S.No.8 of 2012 on the file of the Subordinate Court, Periyakulam. The respondent/plaintiff filed the suit for injunction. After contest, the said suit was decreed, vide judgment and decree, dated 17.02.2012. Against the said judgment and decree, the petitioner filed A.S.No.8 of 2012. In the said first appeal, the petitioner filed I.A.No.18 of 2013 for appointment of Advocate Commissioner to inspect the suit property and measure the same with the help of Surveyor. The petitioner has stated that the respondent filed application for appointment of Advocate Commissioner to inspect the suit property and to file his report in the suit in O.S.No.158 of 2008. An Advocate Commissioner was appointed and he inspected the property and filed his report. He did not take any assistance of the Surveyor for measuring the property. Therefore, the petitioner has filed the present petition contending that unless the suit property is measured by the Advocate Commissioner with the help of Surveyor, the petitioner will be put to irreparable loss and hardship.

(3.) The respondent filed counter affidavit and denied all the averments made in the affidavit. According to the respondent, in the suit, the Advocate Commissioner was appointed. He inspected the suit property and filed his report. The petitioner did not file any objection to the Advocate Commissioner's report and in the cross-examination, he admitted that he has no objection for the Advocate Commissioner's report. Therefore, the present petition is not maintainable and is devoid of merits.