SAMPATH Vs. GOPAL NAIDU

JUDGEMENT

(1.) THE petitioners/appellants/defendants have projected this Civil Revision petition as against the order 17. 04. 2009 made in I. A. No. 17 of 2009 in A. S. No. 44 of 2008 by the learned Subordinate Judge, Tiruvallur in dismissing the application filed by the Revision Petitioners under Order 26 Rule 9 of Civil Procedure Code praying for appointment of an Advocate Commissioner along with Taluk Head Surveyor to inspect and survey the S. No. 334/2 and fix the 'f' line and report before the Court.

(2.) TO avoid an avoidable delay, this Court dispenses with the issuance of notice to the respondent in furtherance of substantial cause of justice.

(3.) THE first Appellate Authority, namely, Subordinate Judge,tiruvallur while passing orders in I. A. No. 17 of 2009 has inter alia opined that whether the hut and fence have been put up in road poramboke thereby affecting the right of the respondent/plaintiff will have to be gone into at the time of deciding the appeal and also that the application has been filed not with bona fide reasons and even if the application praying for appointment of an Advocate Commissioner is allowed, the same will not be of any assistance while rendering the judgment by the Court and resultantly, dismissed the application, without cost.