The appellate Court is expected to hear the appeal on merits along with the Commissioner’s report and sketch.

1. Animadverting upon the order dated 16.7.2009 passed by the I Additional Subordinate Judge, Erode, in I.A.No.846 of 2008 in A.S.No.94 of 2006, this civil revision petition is focused.

2. Heard both sides.

3. A thumbnail sketch of the germane facts absolutely necessary for the disposal of this revision petition would run thus:

(i) The respondent herein, as plaintiff, filed the suit seeking the following reliefs:

"(a) grant a permanent injunction against the defendants restraining them, their men, agents etc., from in any manner interfering with the peaceful possession and enjoyment of the A,B,C,D suit Channel, and;

(b) direct the defendants to pay the plaintiff the cost of the suit."(extracted as such)

(ii) Written statement was filed by the petitioners herein/defendants resisting the suit.

(iii) During the pendency of the original suit, Advocate Commissioner was appointed, at the instance of the trial Court and after getting the Commissioner’s report and also recording the evidence, judgement was delivered to the effect that the plaintiff was entitled to injunction in respect of the suit channel, measuring 2 = feet width and not four feet width as set out in the plaint.

(iv) Being aggrieved by and dissatisfied with the said judgement, the respondent herein/plaintiff filed the appeal. During the pendency of the appeal, an application was filed by the very same plaintiff for getting a fresh Advocate Commissioner appointed to get the width of the suit channel measured with the assistance of a Surveyor and accordingly, the Commissioner visited the spot and measured the suit channel and submitted his report. Objection was filed by the defendants. However, the defendants filed a separate application I.A.No.846 of 2008 in A.S94 of 2006 seeking for reappointment of the same Commissioner to visit the suit channel with the help of the District Surveyor to measure the actual width of the suit channel. The said application was dismissed.

4. Being aggrieved by and dissatisfied with the said order, the present revision petition has been focused on various grounds.

5. The learned counsel for the revision petitioners/defendants, by placing reliance on the grounds of revision, would put forth and set forth his arguments, a synoptic and succinct narration of the same would run thus:

(i) The appellate Court, without considering the germane facts, summarily dismissed the application filed by the revision petitioners/defendants, assuming as though they were bent upon protracting the proceedings ad nauseam and ad infinitum. Ex facie and prima facie, there are mistakes in the report of the Commissioner appointed at the appellate stage, but that was not taken into account at all.

(ii) The suit channel is not having a width of four feet at all, but the available width is only 2= feet, as stated by the Commissioner appointed by the trial Court.

Accordingly, the learned counsel for the revision petitioners/defendants would pray for allowing the I.A.No.846 of 22008, after setting aside the order of dismissal of the lower Court.

6. In a bid to make mincemeat of and torpedo and pulverize the arguments, as put forth and set forth on the side of the petitioners/defendants, the learned counsel for the respondent/plaintiff would develop his arguments, a summation and summarization of the same would run thus:

The law is well settled to the effect that the Court cannot be called upon to appoint Commissioner after Commissioner by a litigating party till he could get a favourable report in his favour from the Commissioner. Once a Commissioner’s report is before the Court, another Commissioner or the same Commissioner cannot be deputed to visit the suit property with the help of another surveyor, so as to give a fresh report. Unless the first report is set aside on valid grounds, the question of appointing a fresh Commissioner or giving further direction to the same Commissioner to visit the suit property with the help of another Surveyor to measu