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2005 Supreme(Mad) 476

S.SARDAR ZACKRIA HUSSAIN
Kitnammal – Appellant
Versus
Nallaselvan & Others – Respondent


Advocates Appeared:For The Petitioner:T. Dhanyakumar, Advocate. For The Respondents:K. Yamunanan, Advocate.

Judgment :-

The revision petitioner is the defendant in O.S.No.140 of 2002 on the file of the Additional District Munsif Court, Namakkal. The revision is filed against the order dated 13.12.2002 made in I.A.No.325 of 2002 in I.A.No.213 of 2002.

2. I.A.No.325 of 2002 was filed to scrap the report and the rough plan of the first advocate-commissioner filed in I.A.No.213 of 2002. The trial Court after enquiry dismissed the petition.

3. The respondents/plaintiffs filed the suit on 12.2.2002 for declaration that the defendant is not entitled for any irrigation channel and also for pathway in the suit lands at Pudukottai village, Namakkal District and for consequential permanent injunction. The suit was contested by filing written statement on 26.6.2002. The plaintiffs also filed I.A.No.213 of 2002 along with the suit, in which, advocate-commissioner was appointed, who after inspecting the suit properties on 14.2.2002 filed report and rough plan. At the time of inspection by the first advocate-commissioner, the defendant was present near the suit properties and only after informing him, the first advocate-commissioner inspected the suit properties. The defendant has filed objection to the

















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