This Civil Revision Petition has been filed by the plaintiff against the order of dismissal dated 07.03.2008 passed by the District Munsif-cum-Judicial Magistrate, Nannilam in I.A.No.362 of 2007 in O.S. 52 of 2007 the application seeking for an order of re-issuance of Warrant of Commission to inspect the suit property and to measure the same with the assistance of a qualified surveyor.

2. The brief facts of the case put forth by the respective parties before the trial Court are as follows:-

.(a) The suit was filed for bare injunction in respect of the suit Old S.No.9/1 and New S.No.9/3 measuring an extent of 12 cents and the application in I.A.No.248 of 2007 was filed for interim injunction along with application in I.A.No.249 of 2007 for appointment of Advocate Commissioner. On 10.08.2007 Advocate Commissioner was appointed and taking advantage of the delay of 4 days in the appointment of the Advocate Commissioner, the defendant highhandedly removed the old compound wall which was found place in the ancient partition deed of the year 1929 and put up a new compound wall. The learned Advocate Commissioner has not fulfilled the purpose of the warrant and submitted his rep