M SHANMUGAM Vs. M ARUMUGAM

JUDGEMENT

(1.) THIS Civil Revision is directed against the order-dated 13.06.2007 in I.A.No.316 of 2007 in O.S.No.1246 of 2006 on the file of the I Additional District Munsif, Salem.

(2.) THE respondent in the present Revision had instituted a suit in O.S.No.1246 of 2006 against the petitioner for a judgment and decree restraining the petitioners and their men from in any way laying the road in the suit property and for restraining the petitioners from causing damage to the air pipe line and water pipe line shown in the plan attached to the plaint and also for an injunction restraining the petitioners from putting up and running any stone crushing factory any where in the suit property, thereby causing nuisance to the respondent in their enjoyment of the property. THE petitioners contested the said suit by filing written statement.

(3.) I have perused the affidavit filed in support of the application as well as other materials on record. I have also gone through the report of the Advocate Commissioner filed in the earlier suit in O.S.No.166 of 2004. On a perusal of the said report of the Advocate Commissioner it is seen that the report in the said matter pertains to the physical features of the property which has nothing to do with the report sought in the present case, inasmuch as certain factors which according to the petitioners need to be enlightened with the help of Advocate Commissioner. Such being the position, the learned trial Judge failed to exercise the discretion properly and as such, I do not find any reason to sustain the order of the learned trial Judge. Accordingly, the order dated 13.06.2007 in I.A.No.316 of 2007 in O.S.No.1246 of 2006 is set aside and the Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.