N NOOR MOHAMMED PROPRIETOR Vs. M DICKEESWARAN

JUDGEMENT

(1.) THE civil revision petitioner/first defendant has preferred this civil revision petition as against the order dated 03.09.2007 passed in I.A.No.1628 of 2007 in O.S.No.268 of 2007 by the District Munsif, Alandur in dismissing the application filed by the revision petitioner and another/defendants under Order 26 Rule 9 read with 151 of Civil Procedure Code.

(2.) THE trial Court, while passing orders in I.A.No.1628 of 2007, has inter alia opined that 'whereas, the present application has been filed to inspect the suit property as well as the property of the petitioners/defendants to settle the disputes regarding the measurements of the property etc. and if at all, any such dispute is in existence, the petitioners/defendants have to file separate suit and work out their remedy and further that the limited point to be decided in the suit is whether the petitioners/defendants have to be restrained from interfering with the peaceful possession and enjoyment of the plaintiffs of their property by way of putting up construction over the vacant site in the eastern side of the property and that the reasons mentioned in the application for re-inspection are beyond the scope of the prayer sought for in the suit and resultantly, dismissed the application.'

(3.) IN fine, the Civil Revision Petition is dismissed. The order passed by the trial Court in I.A.No.1628 of 2007 is confirmed for the reasons assigned by this Court in this revision. It is informed that the pleadings have been completed and the stage is set for commencement of trial of the main case. Hence, this Court issues a direction to the trial Court viz., District Munsif Court, Alandur in the interest of justice to dispose of the main suit within a period of four months from the date of receipt of communication of this order and to report compliance to this Court without fail. There shall be no order as to costs. Consequently, connected miscellaneous petition is also dismissed.