S. NAGARAJ Vs. RAVICHANDRAN

JUDGEMENT

(1.) The civil revision petition has been filed against the order dated 09.02.2018 passed in I.A.No.817 of 2017 in I.A.No.1141 of 2013 in I.A.No.191 of 2013 in O.S.No.122 of 2012 on the file of the learned District Munsif, Mettur.

(2.) The petitioner is 2nd defendant and respondent is plaintiff in the original suit in O.S.No.122 of 2012 for permanent injunction. Pending the suit, the respondent/plaintiff had filed an interlocutory application in I.A.No.191 of 2013 for appointment of Advocate Commissioner, in which the trial Court by order dated 14.08.2013 appointed Advocate Commissioner and directed him to file a preliminary report and thereafter file a final report with sketch and plan after inspecting the suit properties with the help of qualified surveyor. Pursuant to the above order, the Advocate Commissioner had filed a preliminary report and plan on 30.08.2013, for which the petitioner/2nd defendant filed his objection on 12.09.2013. The revision petitioner/2nd defendant has filed a civil revision petition in C.R.P.(PD).No.144 of 2014 against the order dated 14.08.2013 made in I.A.No.191 of 2013, in which this Court by order dated 20.12.2016, directed the Commissioner appointed earlier to re-visit the suit property for the purpose of filing a final report and also directed to take instructions from the respective parties or their counsel and inspect the property with the assistance of Taluk Surveyor.

(3.) The petitioner/2nd defendant also filed an interlocutory application in I.A.No.1141 of 2013 in I.A.No.191 of 2013 seeking to direct the Advocate Commissioner to re-visit the suit property and file an additional report with rough plan for the preliminary report already submitted. The trial Court, based on the order passed by this Court dated 20.12.2016 C.R.P.(PD).No.144 of 2014, and also considering the fact that the main application for appointment of Commissioner is pending, closed I.A.No.1141 of 2013 on 29.04.2017, since no order is required in that application. Thereafter, the petitioner/2nd defendant again filed an interlocutory application in I.A.No.817 of 2017 seeking to reopen and recall the application in I.A.No.1141 of 2013 for enquiry of the application. The trial Court after giving due opportunities to both the parties dismissed the same on 09.02.2018 by giving valid reasons.