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2009 Supreme(Mad) 375

G.RAJASURIA
Jayaprakash & Another – Appellant
Versus
Senthil Kumar – Respondent


Advocates Appeared:
For the Petitioners:A. Muthukumar, Advocate.
For the Respondent:S. Sounthar, Advocate.

Judgment :-

Animadverting upon the order dated 06.08.2008, passed by the learned Additional Subordinate Judge, Mayiladuthurai, in I.A.No.42 of 2008 in O.S.No.58 of 2007, this civil revision petition is focussed.

2. Heard both sides.

3. A summation and summarisation of facts which are absolutely necessary and germane for the disposal of this revision would run thus:

The respondent herein filed the suit for partition. During the pendency of the same, the revision petitioners/defendants filed I.A.No.42 of 2008 for getting a Commissioner appointed for the following purposes:

Tamil

The lower Court dismissed it, whereupon this revision is focussed on various grounds.

4. The learned counsel for the defendants would develop his argument to the effect that the main purpose of having filed the I.A. is for getting located and measured the relevant survey numbers found specified in the affidavit of the petitioner accompanying I.A. and also the physical features such as buildings trees etc., thereon. However, the trial Court dismissed it. Whereas the learned counsel for the respondent/plaintiff would submit that correctly adhering to the current provisions of law governing appointment of Advoc






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