RAJARAM Vs. KRISHNAMURTHY

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order passed by the learned Principal District Munsif, Trichy in I.A.No.702 of 2017 in O.S.No.939 of 2016 dated 27.10.2017.

(2.) The facts of the case are that the petitioners herein are the plaintiffs in the suit in O.S.No.939 of 2016, filed for permanent injunction. Along with the said suit, an interlocutory application in I.A.No.510 of 2016 was filed, seeking interim injunction, which was ordered as prayed for. Thereafter, the respondents herein/defendants have filed an interlocutory application in I.A.No.702 of 2017, seeking to appoint an Advocate Commissioner to inspect the suit property and the property detailed in the counter claim with the help of a surveyor. The said interlocutory application was also allowed and an Advocate Commissioner was appointed to measure and demarcate the properties. Aggrieved thereby, the present civil revision petition came to be filed.

(3.) The learned Counsel for the petitioners would submit that the documents filed by the respondents/defendants in the suit are so specific with clear boundaries and that document, itself, would show the details with regard to the place where the respondents/defendants are in possession and enjoyment. Such being so, the present Commissioner application is not warranted and only to drag on the suit proceedings, the respondents herein have filed the said application.