KATHIRAPPAN Vs. N VIJYANTHIMALA

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order passed by the learned Additional District Judge (Fast Track Court), Dharmapuri in I.A.No.11 of 2011 in O.S.No.60 of 2007 dated 18.07.2011 in and by which the learned Judge has partly allowed the application filed by the first respondent herein for appointing an Advocate Commissioner to take an inventory of the locker standing in the name of the deceased Narayanan, in the State Bank of India, Marandahalli Branch and to note down the details of the documents, Jewels and other articles in the said locker by taking photographs and to file a detailed report about the same.

(2.) The first respondent had filed a suit in O.S.60 of 2007 for declaration that she is the adopted daughter of late Narayanan and the third defendant and to partition the suit property and to allot one share her. The defense, in brief, to the above petition was that the first respondent/plaintiff is not the daughter of the said Narayanan and that she had also been given some properties, out of mercy. When the matter was posted for trial, the first respondent had come forward with the impugned petition stating that the inventory of the locker would help both her and the defendants to know the contents in the locker and that it would not prejudice the revision petitioners. The petitioners/defendants had filed a counter pointing out that the impugned application was only an attempt to protract the proceedings. The petitioners would contend that the suit was twice dismissed for default and restored and the present application filed was highly belated.

(3.) The learned Additional District Judge, by his order dated 18.07.2011, partly allowed the petition. He had appointed the Advocate Commissioner to take an inventory of the locker and for recording the availability of documents and file a report to that effect. Challenging the said order, the revision petitioners/defendants are before this Court.