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2006 Supreme(Mad) 2389

S.MANIKUMAR
Muthusamy Gounder – Appellant
Versus
Mylsamy Gounder – Respondent


Appearing Advocates:For the Petitioner:T.P. Manoharan, Advocate. For the Respondent:S. Kadarkarai, Advocate.

Judgment :-

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decretal order dated 23.06.2005 made in I.A.No.251 of 2005 in O.S.No.100 of 2003 on the file of the Court of the District Munsif, Pollachi.)

Civil Revision is directed against the order appointing an Advocate Commissioner to note down the physical features and measure the properties fully described in the schedule with the help of a Surveyor and to file a detailed report with plan.

2. The brief facts leading to the filing of the Civil Revision Petition are as follows:

(i) The petitioner is the defendant in the suit. The respondent/plaintiff filed a suit in O.S.No.289 of 1998 on the file of District Munsif Court, Pollachi for declaration of his title and for permanent injunction restraining the petitioner/defendant from interfering with his possession thereof. After considering the oral and documentary evidence, by judgment and decree dated 18.04.2001, the District Munsif, Pollachi had decreed the suit in part, granting a decree for declaration of his title. Insofar as the relief of permanent injunction is concerned, the Court held that the respondent/plaintiff had no














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