B VIJAYAKUMARI Vs. S JEYARAMAN

JUDGEMENT

(1.) The order dated 03.08.2010 passed in I.A.No.732 of 2010 in O.S.No.25 of 2010, on the file of Principal District Munsif Court, Tirunelveli, is being challenged in the present Civil Revision Petition.

(2.) The first respondent herein as plaintiff has instituted Original Suit No.25 of 2010 on the file of the Court below for declaration that the suit 2nd schedule property is a common pathway for himself and the defendants and for consequential injunction restraining the defendants from interfering with his enjoyment by putting up any construction, wherein the present revision petitioners and other respondents have been shown as defendants in Original Suit No.25 of 2010. Pending suit, the first respondent herein as petitioner has filed Interlocutory Application No.54 of 2010 so as to appoint an Advocate Commissioner and accordingly an Advocate Commissioner has been appointed and he inspected the suit property and ultimately filed his report. Thereafter, the first respondent/plaintiff has filed I.A.No.732 of 2010 in O.S.No.25 of 2010 to re-issue the Commissioner's warrant.

(3.) The Court below after considering the rival contentions put forth on either side has allowed the said petition. Aggrieved by the said order the present Civil Revision Petition has been filed at the instance of the first defendant, as revision petitioner.