NSP NAGAPPAN Vs. DISTRICT COLLECTOR AND TAHSILDAR

JUDGEMENT

(1.) The Civil Revision Petitioners/plaintiffs have filed this Civil Revision Petition as against the order dated 08.12.2008 in I.A. No. 609 of 2008 in O.S. No. 243 of 2007 passed by the learned District Munsif, Melur, in dismissing the application filed by the revision petitioners/plaintiffs praying for an appointment of an Advocate Commissioner under Order XXVI Rule 9 and Section 151 of the Code of Civil Procedure.

(2.) The trial Court while passing orders in I.A. No. 609 of 2008 in O.S. No. 243 of 2007 has inter alia opined that 'the present suit is filed by the revision petitioners for bare injunction, whereas the respondents have denied the petitioners' title and possession of the suit property' and in the said circumstances, the Court is of the opinion that the proposed Commissioner's report would no way be helpful to decide the real dispute between the parties and resultantly, dismissed the application without costs.

(3.) Dissatisfied with the order passed by the trial Court in I.A. No. 609 of 2008 in O.S. No. 243 of 2007, the revision petitioners/plaintiffs have preferred this Civil Revision Petition before this Court.