SAVARIAMMAL Vs. THANGAMANI

JUDGEMENT

(1.) THIS Civil Revision Petition is filed by the plaintiff against the order passed by the learned Principal District Judge, Trichy dated 21.8.2003 in AS.No.341/1994, suo motu appointing the second Advocate Commissioner to measure the properties.

(2.) THE brief facts, which are essential for the disposal of this Civil Revision Petition, are as follows:- THE petitioner filed the suit in OS.No.1657/1990 before the learned Principal District Munsif, Tiruchy for declaration and mandatory injunction i.e. to declare that the B-Schedule property belongs to her absolutely and for removal of the construction made by the respondents/ defendants over the said property.

(3.) THEREAFTER, it appears that the appeal was dismissed for default twice and the same was restored. Without hearing the arguments of both sides, the lower appellate court has suo moto appointed another Advocate Commissioner to measure the properties of both the plaintiff and the defendants with the help of the surveyor and directed the Advocate Commissioner to file a report on or before 5.9.2003. As against this order, this Civil Revision Petition is filed by the plaintiff.