MANNADHI UDAYAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS civil revision petition is filed against the order dated 16.9.2004 passed in I.A.No,33 of 2002 by the Subordinate Judge, Attur.) Anim-adverting upon the order dated 16.9.2004 passed in I.A.No,33 of 2002 by the Subordinate Judge, Attur, this revision petition is filed.

(2.) PITHILY and precisely, succinctly and briefly, the relevant facts, which are absolutely necessary and germane for the disposal of this revision petition would run thus: The revision petitioner, as plaintiff, filed the original suit O.S.No,328 of 1991 before the District Munsif, Attur, seeking the relief of injunction so as to restrain the defendants from interfering with the alleged possession and enjoyment of the channel marked as 'C' and D' in the plaint plan. The trial Court dismissed the suit. As against which A.S.No.10 of 2002 was filed before the Sub-Court, Attur. During the pendency of the first appeal, I.A.33 of 2002 was filed seeking the following relief:

(3.) A mere perusal of the entire records, more specifically, the order of the lower Court would ex facie and prima facie exemplify and demonstrate that even the trial Court itself appointed an Advocate Commissioner and he visited the suit property and filed his report with sketch at that time objection was not filed by the revision petitioner herein after filing the appeal only, the revision petitioner herein had chosen to file such I.A. for appointment of a fresh Advocate Commissioner to measure the suit property with reference to survey plans and note the physical features.