M. SUBRAMANI Vs. KADUMBADI @ CHINNAGOVINDASAMY AND ANR.

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 11.04.2014 made in I.A.No.2045 of 2013 in O.S.No.453 of 2011 on the file of the Principal District Munsif, Alandur.

(2.) The petitioner is the plaintiff and respondents are the defendants in O.S.No.453 of 2011 on the file of the Principal District Munsif, Alandur. The petitioner filed the said suit against the respondents for permanent injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the suit B Schedule property, alienating or making any encumbrances over any portion of the suit B Schedule property. The 12th respondent filed written statement and other respondents adopted the same and are contesting the suit. The petitioner filed I.A.No.2045 of 2013 for appointment of an Advocate Commissioner to inspect the suit property, to measure the same with the help of Taluk Surveyor and file report and sketch plan. According to the petitioner, earlier Advocate Commissioner appointed in application I.A.No.944 of 2011 did not measure the property along with Taluk Surveyor. In view of the same, it is necessary to appoint another Advocate Commissioner to measure the suit A and B Schedule properties and extent of land with the help of Taluk Surveyor and fix boundaries F line and also respondents' extent of land available as per the document and file report and sketch plan.

(3.) The 12th respondent filed counter affidavit which was adopted by respondents 13 to 16 and opposed the said application. According to the respondents, the Advocate Commissioner inspected the property, measured the same and filed his report on 01.08.2011. The petitioner did not file any objection to the said report. On the other hand, the respondents only filed objection. Without filing any objection and without seeking to scrap the earlier report of Advocate Commissioner, the present application is not maintainable and prayed for dismissal of the application.