R.BANUMATHI
N. Venkatesan & Others – Appellant
Versus
V. Muthusamy & Others – Respondent
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 sto
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