PONNAMMAL Vs. MINOR JAYARAMAN

JUDGEMENT

(1.) BEING aggrieved by allowing of the application for appointment of Advocate Commissioner, the defendants 1 to 3 in O.S.No.128 of 2000 have preferred this civil revision petition.

(2.) THE Respondents 1 and 2/Plaintiffs have filed Suit O.S.No.128 of 2000, for declaration and permanent injunction of Suit 'A' and 'B' schedule properties. The dispute between the parties inter alia is in respect of trees in Survey Nos.529/4A and 529/4B.

(3.) THE revision petitioners/defendants 1 to 3 have filed I.A.No.362 of 2000, seeking appointment of Advocate Commissioner and the Commissioner was also appointed and the Commissioner has inspected the suit properties along with Surveyor and Village Administrative Officer. Since the revision petitioners/defendants 1 to 3 have raised objection stating that the properties have to be measured only as per UDR field map, the Commissioner could not execute the warrant and return the same without submitting any report. After the commencement of trial, again the revision petitioners/defendants 1 to 3 have filed I.A.No.297 of 2007, seeking appointment of Commissioner and the Commissioner was also appointed and the revision petitioners/defendants 1 to 3 did not take steps and the application was dismissed as not pressed on 17.8.2007.