The above Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure praying to set aside the fair and decretal order dated 21.3.2003 made in I.A.No.145 of 2003 in O.S.No.96 of 2002 by the Court of District Munsif, Paramathi.

2. On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the petitioner herein has filed the suit in O.S.No.96 of 2002 before the Court below as against the respondent herein for declaration that he has right to take men, cattle, carts and other vehicles through the suit pathway to reach his property and consequential mandatory injunction to restore a portion of the pathway which was obliterated by the respondent/defendant and for permanent injunction. When the said suit was pending, the respondent/defendant filed a petition in I.A.No.145 of 2003 under Order 26 Rule 9 CPC praying to appoint an Advocate-Commissioner to note down the physical features of the suit property.

3. A Counter was filed before the Court below by the petitioner thereby submitting that the respondent had already filed a suit in O.S.No.33 of 2002 before the same Court as against the pet