RAJENDRAN Vs. RAMASAMY

JUDGEMENT

(1.) The instant civil revision petition has been filed challenging the order dated 07.08.2014 passed by the learned District Munsif Court, Nagapattinam in I.A. No. 397 of 2014 in O.S. No. 240 of 2013.

(2.) The petitioners are the defendants in the suit O.S. No. 240 of 2013 filed by the respondents on the file of the learned District Munsif Court, Nagapattinam. The suit was filed in respect of two schedules of property viz., A schedule property and B schedule property. The suit was filed for permanent injunction restraining the petitioners from interfering with the peaceful possession and enjoyment of the property by the respondents in respect of suit A schedule property and insofar as the suit B schedule property is concerned, the respondent has filed the suit for recovery of possession from the petitioners. During pendency of the suit, the respondents filed I.A. No. 397 of 2014 under order XXVI Rule 9 CPC for appointment of an Advocate Commissioner for the purpose of finding out whether any encroachments are there in the suit A schedule as well as in the suit B schedule property. According to the respondents, as seen from the affidavit filed in support of I.A. No. 397 of 2014, there are encroachments in the suit B schedule property and the petitioners are also attempting to encroach upon the suit A schedule property also.

(3.) A counter affidavit has also been filed by the petitioners in I.A. No. 397 of 2014 denying the allegations contained in the affidavit filed in support of I.A. No. 397 of 2014. In the counter affidavit, the petitioners have stated that an advocate commissioner cannot be appointed to collect evidence and also to establish who is in physical possession of the suit schedule properties. By order dated 07.08.2014, the Trial Court allowed I.A. No. 397 of 2014 and appointed an Advocate Commissioner to find out whether there is any encroachment in the suit A schedule and B schedule properties and granted the relief as sought for by the respondents in I.A. No. 397 of 2014. Aggrieved by the order dated 07.08.2014 passed in I.A. No. 397 of 2014, the instant civil revision petition has been filed by the defendants under Article 227 of the Constitution of India.