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2006 Supreme(Mad) 372

C.NAGAPPAN
R. Sivasubramanian – Appellant
Versus
S. Balamurugan – Respondent


Advocates Appeared:For the Petitioner:P. Rajagopal, Advocate. For the Respondent:A. Muthukumar, Advocate.

Judgment :-

(Civil Revision Petition is preferred against the order and decretal order dated 9.10.2003 made in I.A.No.729 of 2003 in O.S.No.247 of 2002 on the file of the Principal District Munsif Court, Mayiladuthurai.)

The revision petitioner has sought for setting aside the Order dated 9.10.2003 made in I.A.No.729 of 2003 in O.S.No.247 of 2002 on the file of the Principal District Munsif Court, Mayiladuthurai. The revision petitioner is the defendant in the suit.

2. The respondent/plaintiff filed the suit seeking a decree for permanent injunction restraining the petitioner/defendant from interfering with his possession and enjoyment of the suit property either by cutting the fence or by shifting the same and pending the suit, the petitioner/defendant filed an Interlocutory Application in I.A.No.61 of 2003 seeking for appointment of a Surveyor attached to the Taluk Office, Tharangambadi as Commissioner in order to measure the suit property and fix the boundary and the trial Court allowed the Interlocutory Application and appointed the Surveyor as Commissioner and he inspected the suit property and measured the same in the presence of both parties and also their Advocates and submit







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