MINOR AMID STANLY Vs. LAKSHMIAMMAL

JUDGEMENT

(1.) THE petitioners are plaintiffs in O.S.No.30 of 2003 on the file of the District Munsif Court, Udhagamandalam. The suit was filed for permanent injunction against the defendants/respondents with respect to a vacant site. It is stated that the suit is in part -heard stage and at this stage, the first respondent filed an application under Order 26, Rule 9, C.P.C. for appointment of an Advocate Commissioner for local inspection of the suit property with the assistance of a qualified surveyor and submit his report with a plan.

(2.) IN the affidavit, it is stated that the first defendant is entitled to an extent of 5 cents and the plaintiffs have encroached their property and in order to find the possession of the parties and the extent of the properties, a Commissioner has to be appointed and that he has to mention the physical features of the properties.

(3.) THE above said request was resisted by the plaintiffs in the counter.