MANGAYARAKARASI AMMAL Vs. NAGAMMAL

JUDGEMENT

(1.) THIS Civil Revision Petition is filed by the defendants to set aside the order and decretal order passed in IA.No.166/2008 in OS.No.92/2006 dated 5.9.2008 by the learned Principal Sub Court, Thenkasi, appointing an Advocate Commissioner to ascertain the value of the suit property with the help of an qualified Engineer.

(2.) THE petitioners have filed the above said suit for the relief of declaration and recovery of possession in respect of the suit properties. THE respondents/defendants have filed their written statement contending inter alia that the petitioners are not entitled to the claims in the suit and that the suit properties are not valued properly and also questioning the pecuniary jurisdiction of the court below to try the suit.

(3.) MR.A.Veerasamy, the learned counsel for the petitioners would submit that when a similar application filed by the respondents was dismissed, another application for the same purpose is not maintainable. He would further contend that the market value can be ascertained only by adducing evidence at the time of trial and it cannot be done with the assistance of the report filed by the Advocate Commissioner in that regard. The learned counsel would place reliance on the decision of this court rendered in the case of 2002-3-LW-607 which was cited even before the trial court.