MARICHAMY Vs. DHATCHINAMOORTHY

JUDGEMENT

(1.) The revision petitioner is the plaintiff in the suit in O.S.No.183 of 2011 on the file of the District Munsif Court, Theni and the said suit was filed seeking the relief of injunction among other reliefs. During the pendency of the suit, an Advocate Commissioner was appointed and after inspection, a report was also filed. Subsequently, the petitioner/plaintiff filed an application in I.A.No.552 of 2014 for re-issuance of Commissioner Warrant, directing measurement of the petition schedule property and to submit a report and the said application was dismissed on 17.12.2014 on the ground that the application was filed only to drag on the proceedings. Aggrieved over the same, the present Civil Revision petition has been filed.

(2.) It is the case of the revision petitioner / plaintiff that the Commissioner had failed to furnish the exact measurement of the suit schedule property and pursuant to hiss ill-health, he was not present at the time of inspection by the Advocate Commissioner and his Counsel also did not inform the exact date of inspection by the Advocate Commissioner. Since he could not be able to appear before the Advocate Commissioner on account of his health condition, the Advocate Commissioner had mentioned in the report that the plaintiff did not wantonly cooperate for the inspection.

(3.) The revision petitioner states that the Advocate Commissioner proceeded to inspect the property of the respondent alone and filed a report to that effect and unless the properties of both parties are measured, the dispute could not be resolved. Since the main dispute itself is in connection with measurement, a proper report of the Advocate Commissioner alone would reduce the work of the Court. Contending that the Commissioner has not measured the property of both parties and that in such an event, if the suit is proceeded on the basis of the said report, much prejudice would be caused to him, the order of the Trial Court rejecting his application for re-issuane of warrant to the Advocate Commissioner for revisiting the property, is liable to be set aside.