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2006 Supreme(Mad) 2397

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


Advocates appeared:
T. P. Manoharan, for Petitioner; S. Kadarkarai, for Respondent.

ORDER :- 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 18-4-2001, 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 not proved his claim for possession of the suit property and the alleged trespass made by the petitioner. In the result, the Lower Court dismissed the suit.

(ii) After two years, another suit has been filed by the respondent/plaintiff in O.S. No. 100 o















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