This Civil Revision Petition is filed by the 1st defendant against the order dated 24. 2009 passed in IA.No.98/2009 in OS.No.54/2009 by the learned II Additional Sub Judge, Nagercoil.

2. The 1st respondent/plaintiff has filed the above said suit for declaration of plaintiffs title and recovery of possession of the plaint schedule property from the defendants and to direct the 1st defendant to pay the arrears of licence amount of Rs.90,000/-for the usage of the schedule mentioned property with 12% interest per annum. Pending the suit, the 1st respondent has filed the said application for issuance of commission for local investigation of the schedule mentioned property in relation to certain points stated by the 1st respondent in the said application. The allegations made by the 1st respondent is that the petitioner has annexed certain portion of land with the property of the petitioner on the western side and issuance of commission is filed to segregate the annexed portion from the petitioners possession and for mesne profits for the usage of the disputed portion.

3. Strangely, though the court below has observed in its order that a commission cannot be issued to separa