PARIMALAM Vs. B.G.S. SOUNDARARAJAN

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 28.02.2014 passed by the learned Principal Subordinate Judge, Salem in I.A. No. 8 of 2014 in I.A. No. 118 of 2012 in A.S. No. 134 of 2012. Brief facts leading to the filing of the instant revision:

(2.) The petitioner is the Appellant in A.S. No. 134 of 2012 pending on the file of the learned Principal Subordinate Judge, Salem. The petitioner who was the plaintiff in the suit O.S. No. 268 of 2011 filed a suit for permanent injunction restraining the respondents from interfering with her peaceful possession and enjoyment of the suit schedule property. The said suit came to be dismissed by the Trial Court on 03.09.2012. Aggrieved by the dismissal of the suit, the petitioner preferred an Appeal A.S. No. 134 of 2012 before the learned Principal Subordinate Judge, Salem. During pendency of the appeal, the petitioner filed I.A. No. 118 of 2012 seeking for appointment of an Advocate Commissioner to measure the suit schedule property.

(3.) The learned Principal Subordinate Judge, Salem allowed I.A. No. 118 of 2012 by its order dated 05.03.2010 and an Advocate Commissioner was also appointed to measure the suit schedule property as prayed for by the petitioner in I.A. No. 118 of 2012 in A.S. No. 134 of 2012. Thereafter, since the Advocate Commissioner appointed by the Court did not file his report, despite several opportunities granted to him, I.A. No. 118 of 2012 filed by the petitioner/Appellant was ordered to be closed by the learned Principal Subordinate Judge, Salem on 04.10.2012.