KUMARRSS Vs. VARI CONSTRUCTION

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the revision petitioners / defendants as against the order appointing an Advocate Commissioner to note down the physical features including the inventory of movables lie over the suit properties.

(2.) The respondent / plaintiff has filed the suit in O.S.No.13 of 2018 for permanent injunction. According to the respondent / plaintiff, the suit mentioned properties belonged to one Thirusangu, who is one of the partners of the respondent's / plaintiff's firm and the respondent / plaintiff have been running business in the suit properties. The said Thirusangu had certain liabilities in the shape of Bank Loan and the Bank had initiated action under SARFAESI Act. In the meantime, the petitioners / defendants had approached the said Thirusangu for purchasing the suit properties and the said Thirusangu had also agreed to sell the suit properties in favour of the petitioners / defendants in respect of A & B schedule properties and the petitioners / defendants have also orally agreed to lease back the suit property in favour of the respondent / plaintiff firm for a period of 2 or 3 years. Believing the said words of the petitioners / defendants, sale deeds, dated 203.2017 & 28.04.2017 were executed by the said Thirusangu. All were going well and the respondent / plaintiff firm was regular in paying rent and they were having enough proof to substantiate that they have been in occupation of the premises as tenants. While so, the petitioners / defendants demanded the respondent / plaintiff firm to vacate the suit properties. Along with the said suit, the respondent / plaintiff had filed an interlocutory application in I.A.No.12 of 2018 to pass an ex-parte order of appointment of an Advocate Commissioner to note down the physical features of the suit properties including inventory of movables and to file a report.

(3.) The Court below, after considering the facts and circumstances of the case, has passed an ex-parte order, dated 04.01.2018, thereby appointed a Commissioner to inspect the suit property, execute the warrant as required and file report and plan by 18.01.2018. Aggrieved thereby, the petitioners/ defendants have preferred the present revision petition.