COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE Vs. GOVT. OF TAMIL NADU, REP. BY ITS DISTRICT COLLECTOR, COIMBATORE

JUDGEMENT

(1.) The civil revision petitioner (Commissioner of Customs and Central Excise) is the petitioner in I.A. No. 72/2010 and I.A. No. 118 of 2010 in O.S. No. 852 of 1998 on the file of the II Additional District Munsif, Coimbatore.

(2.) The civil revision petitioner/plaintiff filed the suit in O.S. No. 852 of 1998 for a relief of permanent injunction restraining the respondents/defendants from putting up any construction in the suit property. According to the revision petitioner/ plaintiff, the suit property belongs to the Government of India and that they being an organ of the Central Government, are entitled to be in possession of the suit property. The respondents/defendants are

(3.) The respondents/defendants filed their written statement questioning the title of the plaintiff to the suit property. Subsequently, the revision petitioner/plaintiff filed a petition in I.A. No. 72 of 2010 under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure praying to appoint an advocate commissioner to inspect the suit property and to measure the illegal construction made by the defendants, with the help of a Taluk Surveyor and a Chartered Civil Engineer. They also filed another application in I.A. No. 118 of 2010 under Order VI Rule 17 of the Code of Civil Procedure praying to amend the plaint to include the prayer of mandatory injunction directing the respondents/defendants to remove the construction put up by them in the suit property.