Common Judgment

The appellant is respondent in A.S.No.42/2001 and 40/2001 on the file of the Additional Subordinate Judge, Mayiladuthurai. Both the appeals arose from the judgments passed in O.S.No.98/98 and 217/98 on the file of the District Munsif Court, Sirkali. The Appellant is defendant in O.S.No.62 of 2001 and plaintiff in O.S.No.98/98. The respondent is plaintiff in O.S.No.62/01 and he is defendant in O.S.No.98/98.

2. In O.S.No.217/1998, reliefs of recovery of possession and further removal of roofed superstructure and also for mesne profits have been prayed for. While O.S.No.98/98 was filed for permanent injunction. The learned District Munsif passed a common judgment in favour of this appellant and the respondent preferred two appeals in A.S.No.40/2001 and 42/2001 on the file of the learned Additional Subordinate Judge, Mayiladuthurai.

3. The respondent filed a petition in I.A.No.62/2001 under Order XXVI Rule 9 of Civil Procedure Code for appointment of an Advocate-Commissioner to inspect the suit properties and to locate the same with the assistance of a qualified Surveyor. The learned Additional Subordinate Judge, heard both the parties in both appeals and h