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1997 Supreme(Mad) 1347

S.JAGADEESAN
Rajendran – Appellant
Versus
Lilly Ammal alias Nelli Ammal and another – Respondent


Advocates:
Mr.K.N. Thampi, Advocate for Petitioner. Mr.C. Godwin, Advocate for Respondents.

Judgment :

1. By consent of both the counsel, the Civil Revision Petition is taken up for final disposal.

2. The petitioner is the second defendant in O.S.No.811 of 1994 on the file of the District Munsif, Nagercoil. The first respondent herein has filed the said suit for declaration of her title and for injunction restraining the defendants from trespassing into the plaint schedule property. The suit has been filed in July, 1994. The petitioner herein filed an application I.A.No.962 of 1996 for appointment of the Advocate Commissioner, after the examination of P.W.1, to note down the physical features of the suit property with special reference to the building, to note down the nature of the property with reference to the level of the property, compound walls if any on all sides and pathway etc., and such other points as may be required at the spot. The application was dismissed by the lower court by order dated 12. 1997 and aggrieved by the same, the present revision has been filed.

3. Learned counsel for the petitioner fairly represented that the appointment of Advocate Commissioner is only to note down the physical features of the property in respect of the possession and enj

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