1. The petitioners are the plaintiffs in O.S.No.509 of 2011 before the the District Munsif Court, Kulithalai. The respondent herein is the defendant in the aforesaid suit.

2. The averments in the plaint are that the first petitioner/first plaintiff is the owner of the properties in 'A' Schedule to the suit. The second petitioner/second plaintiff is the owner of the properties in 'B' Schedule to the suit. The third petitioner/third plaintiff is the owner of the properties in 'C' Schedule to the suit.

3. According to the petitioners/plaintiffs, a pathway with a width of 15 feet, as described in the 'D' Schedule to the suit, is the common pathway for the petitioners/plaintiffs, who reside in 'A', 'B' and 'C' Schedule properties respectively.

4. The petitioners/plaintiffs filed I.A.No.509 of 2011 in O.S.No.200 of 2010 for appointment of an Advocate Commissioner to find out the physical features, relating to 15 feet width of the common pathway, since the same was disputed by the respondent/ defendant in the written statement.

5. The respondent/defendant filed a counter affidavit in I.A.No.509 of 2011 in O.S.No.200 of 2010 stating that already the issue was decided by the