PERIA KALIAPPA GOUNDER Vs. KARUMALAIAPPA GOUNDER

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioners/defendants to set aside the Order dated 21.08.2008 made in I.A.No.537 of 2008 in O.S.No.138 of 2008 on the file of the District Munsif Court, Pollachi.

(2.) THE defendants in O.S.No.138 of 2008 are the revision petitioners before this court. THE suit in O.S.No.138 of 2008 has been filed by the plaintiff/respondent herein for permanent injunction. Written statement has been filed by the petitioners/defendants and the suit is being contested. Pending suit, an application in I.A.No.537 of 2008 was filed by the respondent/plaintiff for appointment of an Advocate Commissioner to note down the physical features and to measure the petition property with the help of surveyor and to fix the northern boundary and to file his report with a plan. THE said application was resisted by the petitioners/defendants by filing a counter. THE trial Court by order dated 21.08.2008 allowed the application. Aggrieved by the same, the above civil revision petition has been filed by the defendants in the suit.

(3.) I am unable to accept the submissions made by the learned counsel appearing for the petitioners. In a suit for bare injunction, an application was filed by the respondent/plaintiff for appointment of an Advocate Commissioner and the trial Court by its order dated 21.08.2008 allowed the application holding that appointment of the Advocate Commissioner to note down the physical features would not cause any prejudice to the petitioners/defendants and it would only reduce the burden of the Court in arriving at a right conclusion.