ANNA SUDHA DEVI Vs. P GEORGE SAMUEL

JUDGEMENT

(1.) IN C.R.P. PD (MD) No. 1417 of 2008: This Civil Revision Petition has been filed under Article 227 of the Constitution of INdia challenging the order made in I.A. No. 76 of 2005 in O.S. No. 25 of 2003 on the file of the Principal Subordinate Judge, Nagercoil, dated 13.2.2004.

(2.) IT is seen from the records that an advocate Commissioner was appointed and a report was filed and the said report was not set aside in the order dated 13.12.2004 made in I.A. No. 76 of 2005. The Court below ordered as follows: "Heard both sides. Whether the report of the Commissioner is required to be set aside? Is to be considered after the examination of Commissioner to find out the present structure of the suit property by content of both the counsels. Advocate T. Arthur is appointed and the Commissioner fee is fixed at Rs. 1,000/-(Fee to be born by both parties equally) Commissioner report with plan as it is required by both parties".

(3.) LEARNED counsel for the respondent submits that it is true that without setting aside the report of the 1 st Advocate Commissioner, no second Advocate Commissioner can be appointed for the same issue and a direction may be given to the Court below to pass orders in the Interlocutory Application with regard to the report of the 1 st advocate Commissioner viz., in I.A. No. 76 of 2005 in a given time.