Petitioners were plaintiffs while respon- dents were defendants in the suit.

2. Plaintiffs filed the suit in O.S.No.1100 of 1987 on the file of District Munsif, Karur on 19. 1987 seeking the relief of bars injunction. Along with the plaint, they also filed I.A.No.1305 of 1987 for appointment of an Advocate-Commissioner for inspection of the suit property-pathway and file his report and plan. Accordingly a Commissioner had been appointed and he inspected the suit pathway on 29. 1987 and filed his plan and report.

3. During the trial of the suit, which had been contested by the defendants, the Commissioner’s plan and report had been marked as Exs.C-1 and C-2. Ultimately, on consideration of the materials, the suit had been dismissed.

4. Aggrieved by the dismissal, the plaintiff filed A.S.No.2 of 1991 on the file of Sub Court, Karur. During the pendency of the said appeal, he also filed I.A.No.4 of 1991 for appointment of another Commissioner to inspect the suit property and file his report and plan. On the said application, a commissioner had been appointed and consequently, his report and plan had been filed into court.

5. Another application, being I.A.No.330 of 1993