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2004 Supreme(Mad) 297

K.GNANAPRAKASAM
Pushparaj – Appellant
Versus
Chellan – Respondent


Advocates Appeared:
For the Petitioners:J. Anandhavalli, Advocate.
For the Respondent:Sreekumaran Nair, Advocate.

Judgment :-

1. The respondent/plaintiff filed an application for appointment of an Advocate Commissioner and the same was allowed by the trial court. Aggrieved by the same, the defendants have preferred this civil revision petition. Heard the learned Advocate for the revision petitioners and the respondents.

2. The respondent/plaintiff, in the affidavit filed in support of the petition for appointment of an Advocate Commissioner, has stated that there are 19 aphasia trees (soft wood trees), in the disputed area, which are in his possession i.e. (after excluding ‘GHI’ portion). Now, the existence of aphasia trees in the suit property, is disputed by the defendants in this suit. So, a Commissioner may be appointed in this suit, to report whether aphasia trees are available in the suit property and to locate them. Since the defendants objected to the very existence of the aphasia trees, a commissioner has to be appointed in this suit to ascertain the said fact and also to cut and remove the said trees in the presence of the commissioner.

3. The petitioners/defendants resisted the application by filing a counter, wherein, they have stated that the commissioner already appointed in this c












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