PREMKUMAR Vs. A.PUSHPAM

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the petition and order dated 28.09.2016 made in un-numbered I.A.No. Nil of 2016 in O.S.No.77 of 2011 on the file of the Subordinate Court, The Nilgiris at Udhagamandalam.

(2.) The respondent herein filed a suit in O.S.No.77 of 2011 on the file of the Subordinate Court, The Nilgiris at Udhagamandalam for permanent injunction restraining the petitioner from interfering into his peaceful possession and enjoyment of the suit schedule property and directing the defendant to pay unto the plaintiff the cost of the suit. The respondent filed an Interlocutory Application in I.A.No.332 of 2011 for appointment of Court Commissioner, for the purpose of ascertaining the value of the damages caused to her compound wall on the northern side of her property. The petitioner filed a detailed counter statement in the above said application and written statement in the suit. In the counter statement in I.A.No.322 of 2011, the petitioner has stated that in the event of the Court Commissioner being appointed, he may also be directed to measure the distance between petitioner's new construction and the northern side compound wall of the respondent property, locate and demarcate the land admeasuring 325 sq.ft. referred in the said I.A. Petition and the plaint, as per deed of agreement of right of way, dated 27.05.1987 registered as document number 873 of 1987 in the office of the Sub-Registrar of Coonoor (marked as Ex.33 in I.A.No.258 of 2011). He has also stated that the assignment of the aforesaid work to the Commissioner is absolutely necessary in the interest of justice and for complete adjudication of the case.

(3.) The petitioner have filed a petition in I.A.No.402 of 2012 to review the order dated 12.03.2012, incorporating the directions to this Court Commissioner to carryout the aforesaid assignments and permit the petitioner to submit memo of instructions to the Court Commissioner at the time of his inspection. The above said application was allowed by this Court on 03.12.2012.