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2016 Supreme(Mad) 3581

V.PARTHIBAN
Semitta Kounder – Appellant
Versus
Murugesan – Respondent


Advocates Appeared:
For the Appellant : P. Valliappan.
For the Respondent: P. Kumaravel.

JUDGMENT :

V. Parthiban, J.

1. This Civil Revision Petition is directed against the Order passed by the learned Subordinate Judge, Kallakurichi, dated 22.1.2013 made in I.A. No. 61 of 2012 in O.S. No. 45 of 2009, dismissing the Interlocutory Application filed by the Petitioner herein, seeking re-issuance of the Commissioner's warrant to the very same Advocate Commissioner, for properly identifying and measuring the Suit property with the help of the Surveyor and file a Report along with Plan. The Revision Petitioners herein are the Defendants in the Suit in O.S. No. 45 of 2009 filed by the Respondent herein, for Permanent Injunction. Earlier to present I.A. No. 61 of 2012, the Petitioners/Defendants had taken out an Interlocutory Application in I.A. No. 497 of 2009, seeking appointment of Advocate-Commissioner for identifying and measuring the Suit property for effective adjudication of the lis between the parties. The said Interlocutory Application having been allowed on 4.3.2010. The Respondent/Plaintiff approached this Court by way of filing a Petition in C.R.P. (PD) 2921 of 2010. This Court disposed of the said Civil Revision Petition vide Order dated 21.10.2010, confirming the O










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