VALLIAMMAL Vs. P APPACHIANNAN

JUDGEMENT

(1.) THE Civil Revision Petition is filed challenging the order and decreetal order dated 30.6.2009 passed in I.A.No,47 of 2008 in O.S.No,39 of 2008 on the file of the Principal Sub Court, Erode.

(2.) THE suit is filed for declaration and for permanent injunction. THE revision petitioners are the defendants in the suit. THE plaintiff/respondent filed I.A.No,47 of 2008 for appointment of advocate commissioner to note down the physical features of the suit property and to measure the same with the help of surveyor. Such application was dismissed on 13.10.2008. Challenging the said order plaintiff filed CRP(PD)No,4200 of 2008 before this court. THE present revision petitioners, who are respondents in CRP (PD)No,4200 of 2008 were represented by a counsel. However, none appears on behalf of the respondents on that date. Hence, the CRP (PD)No,4200 of 2008 came to be allowed. Consequently, I.A.No,47 of 2008 was also allowed. THE trial court based on the order passed in CRP (PD) No,4200 of 2008, appointed an advocate-commissioner by order dated 30.6.2009. Such order is under challenge.

(3.) FINDING no merit, the Civil Revision Petition is dismissed at the admission stage. Consequently, connected miscellaneous petition is closed.