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2008 Supreme(Mad) 1359

K.K.SASIDHARAN
A. Palaniappan – Appellant
Versus
K. Nallasamy & Others – Respondent


Advocates Appeared:
For the Petitioner:V. Raghavachari, Advocate.
For the Respondents:R1 to R5 and R7, A.K. Kumarasamy, R6, R. Vivekanandan, Advocates.

Judgment :-

This Civil Revision is directed against the order-dated 18.06.2007 in I.A.No.394 of 2007 in O.S.No.1241 of 2004 on the file of the Principal District Munsif, Erode.

2. The petitioner has filed a suit in O.S.No.1241 of 2004 before the trial Judge against the respondents praying for a decree of declaration of title and consequential injunction and for other incidental reliefs. The respondents contested the said suit by filing written statement wherein, they have disputed the very title of the petitioner and denied the other contentions with respect to the right of the petitioner pertaining to the suit property.

3. At the instance of the first respondent, Advocate Commissioner was appointed and he has filed his report and plan.

4. While the matter stood thus, the petitioner has filed an application in I.A.No.394 of 2007 to remit the warrant to the very same Commissioner to file an additional report and plan in the light of the objections filed by him and with the help of the official surveyor. The respondents opposed the said application on the ground that already there is a report of the Advocate Commissioner issued at the instance of the respondents and such being the cas






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