S. SUNDARAM AND OTHERS Vs. P. SUNDARI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 08.01.2015 made in I.A.No.211 of 2014 in I.A.No.625 of 2012 in O.S.No.103 of 2005 on the file of the District Munsif, Coonoor, the Nilgiris.

(2.) The petitioners are the defendants and respondent is the plaintiff in O.S. No. 103 of 2005 on the file of the District Munsif, Coonoor, the Nilgiris. The respondent filed the said suit against the petitioners for injunction, restraining them from putting up further constructions on the northern side of the suit property or within the northern boundary of the suit property and for mandatory injunction to remove the constructions already put up by the petitioners. The respondent filed I.A.No.625 of 2012 for appointment of an Advocate Commissioner. Advocate Commissioner was appointed. He inspected the suit property with the help of Taluk Surveyor and filed his report on 17.06.2014.

(3.) The petitioners filed objection to the report of the Advocate Commissioner on 26.06.2014. The petitioner filed the present application, I.A.No.211 of 2014 to set aside the report filed by the Advocate Commissioner appointed in I.A.No.625 of 2012 and to reissue the warrant of commission to fix the boundaries of the properties of the petitioners and respondent with the assistance of Taluk Surveyor. According to the petitioners, the Surveyor along with the Advocate Commissioner did not properly measure the property. The counsel for the petitioners gave memo of instruction to the Advocate Commissioner to fix the boundary stones first and then measure the property. Taluk Surveyor without fixing the boundary stones according to his whims and fancies measured the suit property. The Advocate Commissioner did not request the Taluk Surveryor to fix the boundary stones and measure the property. The petitioners further stated in the affidavit that Taluk Surveyor measured the property on the petition given by the petitioners to District Collector, Nilgiris and submitted the report of the Taluk Surveyor, Coonoor wherein he has stated that petitioners have not encroached the property of the respondent and it is only the respondent who had encroached the property of the petitioners.