A SENTHILKUMAR Vs. M KATHAMUTHU ALIAS RAVI

JUDGEMENT

(1.) THIS civil revision petition is preferred against the order dated 08.09.2005 passed by the learned Additional District Munsif, Villupuram in I.A.No.1140 of 2005 in O.S.No,464 of 2004. Inveighing and impugning the order dated 08.09.2005 passed by the learned Additional District Munsif, Villupuram in I.A.No.1140 of 2005 in O.S.No,464 of 2004, this civil revision petition is focussed.

(2.) THE gist and kernel, the pith and marrow of the relevant facts, which are absolutely necessary and germane for the disposal of this revision would run thus: THE revision petitioner/plaintiff filed the suit O.S.No,464 of 2004 seeking the following reliefs:

(3.) IT is also a fact that even as per the plaint averments, in the suit property earlier the construction was put some 60 years ago by the plaintiff's grand father Govindasamy Gounder. However, the actual date or during the period in which the defendant had put up construction were not known to the plaintiffs. The plaintiffs issued advocate notice to the defendant for which the defendant's reply was that construction had already been put up there to the knowledge of the plaintiffs. But the plaintiffs kept quite without raising any objection and such like. Precisely there is no evidence as to when the alleged new construction was put up. Hence, if the Commissioner is appointed to go into such engineering technical intricacies, it would amount to trying to catch a black cat in a dark room and thereby the issues would get side tracked, which this court cannot approve either directly or indirectly by acceding to the request of the revision petitioners.