AATHICHANDRAN @ CHANDRAN Vs. SELLADURAI

JUDGEMENT

(1.) The plaintiff is the revision petitioner and he filed the present Civil Revision Petition as against the impugned Order of the Trial Court dated 09.12.2016 dismissing his application in I.A.No.188 of 2013 in O.S.No.130 of 2013 for appointment of Advocate Commissioner.

(2.) According to the plaintiff, he filed the above suit in O.S.No.130 of 2013 against the respondents herein before the 1st Additional Sub Court, Nagarcoil for the relief of Declaration, Recovery of Possession, Mandatory Injunction and Permanent Injunction. Since pending suit the respondents herein /defendants have put up construction of tomb over Cemetery of Ayyadurai Pandian, the plaintiff filed an application in I.A.No.188 of 2013 for appointment of Advocate Commissioner along with Surveyor to make local inspection of the suit schedule property for the purpose of measuring the suit property in accordance with document No.1512 of 1971.

(3.) The said application was resisted by the respondents on the ground that the appointment of the Advocate Commissioner was meant for the purpose of collecting evidence. Further the appointment of the Advocate Commissioner is sought for to stop the construction of residential house. According to the 1st respondent herein he is the absolute owner of the suit property. Further, there is no tomb as alleged by the plaintiff in the property purchased by the 1st defendant.