PARVATHY Vs. LAKSHMI

JUDGEMENT

(1.) Challenging the dismissal orders passed by the learned District Munsif, Sivagangai, in I.A.Nos.256 to 258 of 2017 in O.S.No.96 of 2014, dated 11.10.2017, the revision petitioners/plaintiffs have filed these civil revision petitions.

(2.) The petitioners / plaintiffs have filed a suit in O.S.No.96 of 2014 on the file of the District Munsif Court, Sivagangai, for the relief of declaration that the suit property is common to the plaintiffs and the defendants, and for mandatory injunction against the 1st defendant to maintain the property as found in the registered partition deed of the year 1974. The 1st respondent / 1st defendant has also filed his written statement. Pending suit, the petitioners/plaintiffs have filed an application in I.A.No.317 of 2016 for appointment of an Advocate Commissioner and accordingly, an Advocate Commissioner was appointed and after inspecting the suit property, he filed a report.

(3.) While so, after the commencement of trial, the revision petitioners / plaintiffs have filed an application in I.A.No.256 of 2017 in O.S.No.96 of 2014 for amendment of plaint stating that the defendants have obtained patta for the common lane in question and taking advantage of grant of patta, the 1st defendant would encroach upon the property and alter the physical features. The revision petitioners / plaintiffs have also filed I.A.Nos.257 and 258 of 2017 for scrapping the Advocate Commissioner's report and for appointment of a new Advocate Commissioner, stating that the Advocate Commissioner has failed to measure the property with the help of Engineer and to mention the precise measurements. The 1st respondent / 1st defendant has also filed separate counter affidavits opposing these applications.