RAGHAVAN Vs. E VISWANATHAN

JUDGEMENT

(1.) THE Civil Revision Petition is filed by the plaintiff challenging the order and decreetal order dated 16.12.2008 passed in I.A.No.184 of 2008 in O.S.No,325 of 2000 on the file of the District Munsif Court, Ponneri.

(2.) THE suit has been filed for declaration and for recovery of vacant possession of the suit item No,2 after removal of compound wall and for other relief. Pending suit, I.A.No.153 of 2003 has been filed for appointment of advocate-commissioner to measure and locate the S.No,497/10A and 497/10B along with the assistance of Government Surveyor and thereafter to fix the dividing line between S.No,497/10A and the suit item No.1 and file a report with sketch. THE application was allowed. An advocate commissioner was appointed. In the presence of counsel for either side, the advocate-Commissioner measured the suit property with the help of Taluk Surveyor. On 18.2.2006, the Taluk Surveyor measured the suit property. A sketch was prepared by the Taluk Surveyor. In the report of the advocate-commissioner, it is clearly stated that the boundary stones were found on all the extremity and there was no need to fix fresh boundary stone and the existing of boundary are correct.

(3.) WHILE dismissing such application, the court below came to conclusion that the intention of the party is to drag on the suit proceedings. The I.A.No.184 of 2008 has been filed for the very same purpose of surveying the property. The filing of such application for the same purpose is only to drag on the suit proceedings. The advocate commissioner has been earlier appointed and the property has been surveyed by a taluk surveyor. The court below came to conclusion that the suit has been unduly delayed for more than eight years and finding no bona fide reason to allow the application, dismissed the same.