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2013 Supreme(Mad) 3885

S.TAMILVANAN
Kandasamy – Appellant
Versus
Syed Hashim – Respondent


Advocate Appeared:
For the Petitioners:R. Krishnamoorthy, Senior Counsel for S. Sithirai Anandan, Advocate.
For the Respondents:K.N. Nataraj for M. Parthasarathy, Advocates.

Judgment :

C.R.P (PD) No.4167 of 2011 has been preferred under Article 227 of the Constitution of India, seeking an order, striking off the plaint in the suit in O.S.No.502 of 2011 pending on the file of the I Additional District Court, Coimbatore.

2. C.R.P (PD).No.266 of 2012 has been filed challening the order, dated 21.11.2011 made in I.A.No.810 of 2011 in I.A.No.679 of 2011 in O.S.No.502 of 2011 on the file of the I Additional District Court, Coimbatore. Both the revisions are arising out of the suit in O.S.No.502 of 2011.

3. Learned Senior counsel appearing for the petitioners submitted that the Civil Revision Petition in C.R.P (PD).No.4167 of 2011 be dismissed as not pressed.

4. It is seen that the suit in O.S.No.502 of 2011 was filed by the respondent / plaintiff, seeking a money decree for Rs.15 lakhs to be paid with subsequent interest and costs. In the said suit, Interlocutory Application in I.A.No.679 of 2011 was filed by the respondent / plaintiff, under Order 26 Rule 9 CPC, seeking appointment of Advocate-Commissioner to inspect the suit property with the help of a qualified senior Civil Engineer to find out the actual cost of construction of the buildings mentioned























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