MOHANA Vs. KOKILA

JUDGEMENT

(1.) EARLIER this Court by its order dated 28.08 2008 in Civil Revision Petition No,3407 of 2007 has appointed Mr. E. Sampathkumar Advocate, Bar Association, High Court of Madras, Chennai as Advocate Commissioner and has instructed him to execute the warrant of the commission directing to inspect the disputed portion and has also been directed further, to ensure that there should not be any damage to the building of the revision petition/defendant etc., and also the Learned Advocate Commissioner has also been given the option for taking the assistance of corporate officials in case of any need at the costs of respondent/plaintiff and to submit the report etc.

(2.) IN pursuance of the order so passed referred to supra, the Learned Advocate Commissioner has inspected the suit property on 26.10.2009 after informing both counsels and he has directed the employees to break open the wall with due caution as directed by this Court and in that it took more than 2 - hours in the presence of two public persons and a door was fixed and these facts are established by photographs and letters and to this effect the Learned Advocate Commissioner has submitted his report dated 27.10.2009 before this Court on 29.10.2009.