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2006 Supreme(Mad) 1863

P.SATHASIVAM
Rajeswari – Appellant
Versus
Nagarajan & Others – Respondent


Appearing Advocates:For the Petitioner:V. Chandrasekaran, Advocate. For the Respondents:R1, K. Sekar, Advocate.

Judgment :-

1. The above Civil Revision under Article 227 of the Constitution of India is directed against the order of the learned District Munsif, Thiruvaiyaru, dated 27.12.2004, made in I.A. No. 431/2004 in O.S. No. 25/2004, in and by which the learned District Munsif directed the earlier Commissioner, namely G. Krishnasamy, to inspect the property in question once again and submit a report.

2. Heard the learned counsel for the petitioner as well as the contesting first respondent.

3. Before considering the order of the learned District Munsif, it is useful to refer the reasons stated in the affidavit filed in support of the said Application. In the affidavit, it is stated that when the Commissioner inspected the suit property on the earlier occasion, the petitioner/3rd defendant submitted a memo,, dated 31.3.2004. It is further stated that since the Commissioner has failed to take note of the same in his report submitted to the Court, the same Commissioner has to be asked to visit the suit property once again and submit a report with reference to the memo given by him.

4. It is not in dispute that on the earlier occasion in I.A. No. 35/2004, at the instance of the 3rd defendant, t

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