V.RAMALINGAM Vs. PONNAIYAN

JUDGEMENT

(1.) The issue involved in these two Civil Revision Petitions are inter related each other, hence, both the Civil Revision Petitions are taken up for final hearing and they have been disposed of by way of this common order.

(2.) As for as the Civil Revision Petition No.772 of 2012 is concerned it has been filed as against the fair and decreetal order passed in I.A.No.845 of 2011 in O.S.No.140 of 2011 by the Learned District Munsif cum Judicial Magistrate, Paramathy. The revision petitioner herein is the Respondent/Plaintiff in the aforesaid I.A.No.845 of 2011 filed under Order XXVI Rule IX and 151 of Code of Civil Procedure for the appointment of Advocate Commissioner to inspect the suit property and to note down the physical features of the suit property, the learned trial Court having considered the rival submissions made therein, ultimately allowed the said application which is impugned in the Civil Revision Petition No.772 of 2012.

(3.) As for as the Civil Revision Petition No.3126 of 2013 is concerned that it is filed by the very same petitioner who is Plaintiff in the original suit and filed the said petition in I.A.No.580 of 2011 under Order XXXIX Rule 1 of Code of Civil Procedure for the relief of ad- interim injunction. Here in the said IA No.580 of 2017 a memo was filed on the side of the Respondent/Defendant stating that though an order of stay was passed by this Court in the Civil Revision Petition No.772 of 2012 there is no impediment to the parties concerned to proceed further with the suit as the order of stay was passed only as against the order passed in the I.A.No.845 of 2011 for the appointment of Advocate Commissioner. Having considered the revival submissions, here also the learned trial judge by the order dated 14.08.2012 directed the parties concerned to extend their co-operation for the disposal of the interim application in I.A.No.580 of 2011 as because of the stay order passed by this Court in the Civil Revision Petition No.772 of 2012 will not stand in the way of the further proceedings of the injunction application. The fair and decreetal order passed in the memo filed in I.A.No.580 of 2011 is impugned in the Civil Revision Petition No.312 of 2013.