C MALAI PILLAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order dated, 07.04.2015 made in I.A.No. 666 of 2014 in O.S.No.215 of 2013, on the file of the Principal Sub Court, Nagercoil.

(2.) The revision petitioners, who are the plaintiffs have filed a suit in O.S.No.215 of 2013, on the file of the Principal Sub Court, Nagercoil, for permanent injunction. Pending suit, they have also filed an Interlocutory Application in I.A.No.666 of 2014 for appointment of an Advocate Commissioner to inspect the suit schedule property and submit a report and the same was dismissed by the learned Principal Subordinate Judge, Nagercoil on 07.04.2015. Challenging the said order of dismissal, the revision petitioners / plaintiffs have filed the present Civil Revision Petition.

(3.) The learned Government Advocate appearing for the respondents strongly objected for appointing the Advocate Commissioner stating that the Pattas were already issued to the petitioners and hence, the suit itself is not maintainable. In such circumstances, there is no necessity to inspect the suit property.