R.BANUMATHI
D. Kuttiyappan & Others – Appellant
Versus
Meenakshiammal Polytechnic Unit of Meenakshiammal Trust & Another – Respondent
This Civil Revision Petition arises out of the order dated 19.07.2004 passed by the District Munsif-cum-Judicial Magistrate, Uthiramerur in I.A.No.127 of 2004 in O.S.No.59 of 1999, dismissing the application under Order XXIV Rule 9 C.P.C filed for Appointment of Advocate Commissioner. Defendants are the Revision Petitioners.
2. Facts necessitated for disposal of this Revision could briefly be stated:-
Plaintiff – Meenakshiammal Polytechnic Unit of M/s.Meenakshiammal Trust has filed O.S.No.1180 of 1993 on the file of the District Munsif Court, Kancheepuram. Later the suit was transferred to District Munsif Court, Uthiramerur and re-numbered as O.S.No.59 of 1999. The Suit Property relates to S.No.383/3A – 3.17.5 H of Perunkuzhi Village, Uthiramerur Taluk. Case of the Plaintiff is that the Plaintiff Trust had purchased the Suit Property in S.No.383/3A under the Sale Deed dated 05.09.1984 from one Parthasarathi Battachariyar for valid consideration. The said Parthasarathi had obtained the property from his Mother – Sudamani Ammal, who purchased the same under Sale Deed dated 10.07.1942. Since the date of purchase, the Plaintiff Trust is in absolute possession and enjoyment o
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