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2001 Supreme(Mad) 1132

A.RAMAMURTHI
S. Muthuvelu and another – Appellant
Versus
Kuttasavu Sethurayar and others – Respondent


Advocates Appeared:
T.V.Krishnamachari, for Petitioners.
V.K.Vijayaraghavan, for Respondent No.1.

Judgment :

The petitioners/ appellants in the second appeal have a filed this petition underO.26, Rule 9, C.P.C. to appoint an Advocate Commissioner to go and visit the suit properties forming subject matter of O.S.No.11 of 1986 on the file of the District Munsif Court, Thiruvaiyaru and take measurements of the properties purchased by them, with the help of the Head Surveyor, Thiruvaiyaru Taluk, with the assistance of Field Measurement Book and with police aid and take measurements of the RI Quarters (S.No.104/2B) and identify its boundaries on all the four sides and then start taking further measurements and file a report.

2. Thecase in brief is as follows:

The first respondent filed a suit in O.S. No.295 of 1976 on the file of the District Munsif Court at Thiruvaiyaru against their vendors, claiming that there is a 20 feet wide street and prayed for permanent injunction. The Court held that there is no 20 feet road and there is only 12 feet wide street south of the vendors plot and dismissed the suit O.S.No.295 of 1976. The appeal was also dismissed and as such it has become final. In O.S.No.295 of 1976, an Advocate Commissioner was appointed and he also filed a report. The first
















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