The measurement of the suit properties with the help of a surveyor is necessary to resolve a boundary dispute.

This Revision is preferred against the order of Principal District Munsif, Bhavani, dated 13-03-2003 made in I.A.No. 92 of 2003 in O.S.No.356 of 2002, dismissing the petition filed under Or.26 R.9 C.P.C. refusing to appoint an Advocate Commissioner. The Defendants 2 to 6 are the Revision Petitioners.

2. The relevant facts for disposal of this Revision Petition could briefly be stated thus:-

a)O.S.No. 356 of 2002 :- The suit properties relate to 'A' and 'B' schedule properties in Chinnapuliyur Village and Jambai Village, Bhavani Taluk. The Case of the Plaintiffs is that the Plaintiffs purchased the suit properties by Sale Deed dated 24-01-2001. The suit properties are the agricultural lands. 'B' schedule properties are located immediately on the North of the properties described in 'A' schedule. North of 'B' schedule properties is the Bhavani river in R.S.No. 262 of Jambai Village. The Plaintiffs are in possession and enjoyment of the suit properties. Due to rain and flood soil erosion, rich alluvial soil is dumbed on 'B' schedule properties. Due to flood and natural causes, the properties in 'B' schedule properties were damaged very often. The Plaintiffs have put up a stony construction as a compound wall from the Western end of R.S.No. 62/1 of Chinnapuliyur Village on its North. There is a live fence along the rest of R.S.No.63/1 on its Northern Border and also along the Northern Border of R.S.Nos.63/2 and 63/4. The Defendants and other local Villagers have forcibly and unlawfully destroyed the live fence in between the 'A' and 'B' schedule properties on 16-12-2002 and levelled the 'B' schedule properties and the graveyard on the East with the help of a powerful earth mover. The Plaintiffs objected to the unlawful acts of the Defendants and prevented them from continuing their illegal acts. The Plaintiffs have also filed a plaint plan. Due to the illegal acts of the Defendants, a cloud has been cast on the title of the Plaintiffs. Hence, the Plaintiffs have filed the suit for declaration of the title to the 'A' schedule properties and for permanent injunction restraining the Defendants from interfering with the Plaintiff's peaceful possession and enjoyment of 'A' and 'B' schedule properties.

b) The Defendants have filed the written statement claiming right of burying and cremating of the dead bodies adjacent to the property in R.S.No. 961. According to the Defendants, the Plaintiffs and their predecessors in title were never in possession and enjoyment of R.S.No. 961. The general public of Chinnapuliyur Village have been using the suit properties in R.S.No. 961 of Jambai Village to wash their clothes. The same has been used for washing the clothes for more than ten decades. The suit property in R.S.No. 962/1 of Jambai Village was annexed with Bhavani river. The properties in R.S.No. 961 have been used as burial and cremation ground, over which the Plaintiffs have no right. The Plaintiffs and their predecessors in title were never in possession and enjoyment of the suit properties in R.S.No. 961.

c) I.A.No. 1278 of 2002:- On the basis of the Application filed by the Plaintiffs, in this Application an Advocate Commissioner was appointed and he has filed his report. The Commissioner has noted the existence of the burial ground and the cemetery used by the Christians and has also noted the ashes and bones. The Commissioner has also noted the other physical features, including the obliteration of the live fence.

d) I.A.No. 92 of 2003:- The Defendants 2 to 6 have filed this Application for appointment of an Advocate Commissioner to measure the suit properties and to fix the boundaries of the suit properties with the assistance of the Taluk Surveyor. According to the Defendants 2 to 6 the general public of Chinnapuliyur Hamlet have been using R.S.No. 961 and other suit properties as cremation ground for more than ten decades. The earlier Commissioner's Report filed in I.A.No. 1278 of 2002 reveals the existence of burial and