A GOVINDARAJ Vs. VEDHAPADASALAI SIKKAL

JUDGEMENT

(1.) THE petitioner/appellant/defendant has filed this Civil Revision Petition as against the order dated 31. 08. 2009 in I. A. No. 37 of 2009 in A. S. No. 57 of 2008 passed by the learned Subordinate Court, Nagapattinam in dismissing the application filed by the Revision petitioner under Order 26 Rule 9 of the Civil Procedure Code praying for an appointment of an Advocate Commissioner along with a Surveyor to find out whether Survey No. 201/11b is situated within the four boundaries mentioned in the suit property.

(2.) TO avoid an avoidable delay the issuance of notice to the respondent is dispensed with in the interest of justice.

(3.) THE first Appellate Authority while passing the impugned order in I. A. No. 37 of 2009 on 31. 08. 2009 has interalia come to the conclusion that 'even in I. A. No. 37 of 2009 the Revision petitioner has not situated within the four boundaries given in the description of the suit property and further he has not filed in support of such contentions etc' and resultantly dismissed the application without costs.