K SUBRAMANIAM Vs. R K ANGAPPAN

JUDGEMENT

(1.) ANIM-adverting upon the order dated 12.9.2007 passed in I.A.No.1078 of 2007 in O.S.NO.18 of 1998 by the District Munsif Court, Tiruchengode, this revision petition is filed.

(2.) THE facts giving rise to the filing of this revision petition, as stood exposited from the plaint, could succinctly and precisely, pithily and briefly be set out thus:THE respondent/plaintiff filed the suit O.S.No.18 of 1998 claiming right over a wall. During the pendency of the suit, he got the Commissioner appointed, who also visited the suit property and submitted his report. However, the respondent/plaintiff has not filed any objection to the Commissioner's report, whereas the petitioner/defendant filed objections. THE trial was conducted and the matter also was posted for judgment. At that time, the plaintiff filed I.A.NO.1076 of 2005 for reissuing the Commission warrant to the Commissioner with a mission to measure the properties of both the parties and locate the suit wall and file the report with sketch. THE trial Court allowed the same. Being aggrieved by and dis-satisfied with the said order, this revision petition has been focussed on various grounds.

(3.) IN the result, the revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.