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2008 Supreme(Mad) 3874

M.VENUGOPAL
R. Meshaak & Another – Appellant
Versus
G. Devasitham – Respondent


Advocates Appeared:
For the Petitioners:V. Anil Kumar, Advocate.
For the Respondent:A.R. Suresh, Advocate.

Judgment :-

This civil revision petition is preferred by the revision petitioners/respondents/defendants as against the order dated 20.12.2007 passed in the Memo dated 112. 2007 in I.A.No.1946 of 2007 in O.S.No.538 of 2007 by the District Munsif, Tiruvallur in permitting the respondent/petitioner/ plaintiff to repair the roof in the presence of Advocate Commissioner already appointed.

2. The trial Court has passed orders in the Memo dated 112. 2007 (filed by the respondent/petitioner/plaintiffs counsel) to the effect that considering the facts and circumstances of this case, the petitioner is permitted to repair the roof in the presence of the Advocate Commissioner already appointed. The commissioner may seek necessary Police assistance, if necessary. The commissioner may file his interim report on the repairing process after its completion. Call on 17.01.2008.

3. According to the learned counsel for the revision petitioners/respondents/defendants, the order of the trial Court dated 20.12.2007 passed in the Memo is based on presumption and surmises and that the trial Court has not taken into consideration of the fact that the Memo dated 112. 2007 filed by the respondent/plaintiff













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