C. S. ABDUL HAKEEM Vs. BABULAL RANKA

JUDGEMENT

(1.) The petitioner is aggrieved by impugned the fair and decretal order dated 28.10.2015 in I.A.No.12530 of 2015 in O.S.No.971 of 2003 passed by the III Assistant City Civil Court, Chennai.

(2.) The said application was filed by the petitioner to amend the description of the suit schedule property in the plaint by giving the exact extent of the property, which is said to have been allegedly encroached by the respondents 1, 2, 5, 6 and 7 who are subsequent purchasers of the property from the co-owners of the suit property.

(3.) According to the petitioner, these respondents have put up unauthorized construction and in these circumstances the above application was also filed by the petitioner for an appointment of an Advocate Commissioner to give details. The Advocate Commissioner has also given a report that the respondents have encroached on the common passage.