K. GUNASEKARAN Vs. K. AYYAVU

JUDGEMENT

(1.) C.R.P. No.984 of 2015 is filed to set aside the fair and decretal order dated 17.07.2014 made in I.A. No.44 of 2014 in I.A. No.230 of 2012 in O.S. No.280 of 2012 on the file of the II Additional Subordinate Court, Salem. C.R.P. No.985 of 2015 is filed to set aside the fair and decretal order dated 01.09.2014 made in I.A.No. Nil of 2014 in I.A. No.230 of 2012 in O.S. No.280 of 2012 on the file of the II Additional Subordinate Court, Salem.

(2.) The parties and the issues involved in both the Civil Revision Petitions are one and the same and therefore, disposed of by this common order.

(3.) The petitioner is plaintiff and respondent is defendant in O.S.No.280 of 2012 on the file of the II Additional Subordinate Court, Salem. The petitioner filed the suit for declaration and for permanent injunction restraining the respondent from putting up any construction in the suit property. The petitioner filed I.A.No.230 of 2012 for appointment of an Advocate Commissioner. The Advocate Commissioner was appointed and he filed an interim report on 24.07.2012. The respondent filed written statement on 16.08.2012 and is contesting the suit. The Advocate Commissioner field the report with sketch on 24.11.2013 after inspecting the property and measuring the same with the help of Surveyor. The petitioner filed objection to the report of the Advocate Commissioner on 12.12.2013. The petitioner filed I.A.No.44 of 2013 under Order 26, Rule 10(3) of C.P.C to scrap the report and plan No.2 filed by the Advocate Commissioner on 24.11.2013 and to appoint a new Advocate Commissioner to locate and fix the property with qualified Surveyor. According to the petitioner, the report of the Advocate Commissioner is correct. The Advocate Commissioner has properly noted down the suit property.