M.A. JAYARAMAN AND ANR. Vs. C. JAMUNA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 31.07.2014 made in I.A.No.164 of 2011 in O.S.No.63 of 2010 on the file of the Subordinate Court, Tiruttani.

(2.) The petitioners are defendants and respondent is plaintiff in O.S.No.63 of 2010 on the file of the Subordinate Court, Tiruttani. The respondent filed the said suit for declaration and permanent injunction. In addition to present suit, the petitioners filed two other suits. The other two suits were transferred to Subordinate Court, Tiruttani before trial along with present suit and they were taken up for joint trial. At this stage, the petitioners filed present application, I.A.No.164 of 2011 under Order 26, Rule 9 of C.P.C to appoint Taluk Surveyor as Commissioner to inspect the suit property and to file his report with sketch. According to the petitioners, the properties purchased by them in the year 1984 is in Survey Nos.22/8B and 22/8C. The respondent purchased the property in Survey No.22/14. The respondent is disputing the petitioners' properties. In view of the same, it is necessary to appoint Taluk Surveyor as Commissioner to inspect the properties, Survey Numbers and boundaries of the properties and to find out in whose name, the property is standing.

(3.) The respondent filed counter affidavit and contended that already an Advocate Commissioner was appointed in I.A.No.61 of 2010 to note down the physical features and other particulars like boundaries etc. The Advocate Commissioner inspected the property and filed his report after visiting the suit properties in the year 2010. The petitioners did not file any objection to the Commissioner's report and filed present application only to protract the proceedings and prayed for dismissal of the application.