1. The Revision Petitioner who is the first appellant in A.S.No.8 of 2001 on the file of Sub Court, Ariyalur has filed this revision petition against the dismissal order passed in I.A.No.326 of 2004 by the First Appellate Court.

2. For the sake of convenience, the petitioner in I.A.No.326 of 2004 is referred as the revision petitioner and the respondents are referred as respondents hereafter.

3. The first respondent herein filed a suit in O.S.No.23 of 1999 for declaration and permanent injunction. The Trial Court has decreed the above said suit as prayed for the first respondent herein. Aggrieved by the above said decree and judgment passed by the Trial Court, the revision petitioner and the respondents 2 and 3, who are defendants 1 to 3 in the original suit preferred first appeal in A.S.No.8 of 2001 and it is pending.

4. During the pendency of the above said first appeal, the revision petitioner, who is the first defendant / first appellant in first appeal filed a petition in I.A.No.326 of 2004 under Order XXVI Rule 9 and Section 151 of code of Civil Procedure to re-issue the warrant to the Commissioner with a direction to measure the suit property with a help of a surve