The appellant in A.S.No.10 o 2009 is the revision petitioner before this Court, challenging the order passed in I.A.No.28 of 2010, dated 26.07.2011, rejecting the petitioner’s request for the appointment of Advocate Commissioner.

2. The case of the appellant/first defendant is that the first defendant/plaintiff has filed the above suit against this appellant/first defendant and the second respondent/second defendant for permanent injunction and the same was decreed. Against the said decree, this appellant/first defendant has filed an appeal in A.S.No.10 of 2009 before the learned Sub-Judge, Sankari.

3. While pendency of the above appeal, this appellant/first defendant has filed an application in I.A.No.28 of 2010 for appointment of Advocate Commissioner to measure S.No.40/1 of Avarangam Palayam Village neither it is acre 1.25 or 1.33 and whether S.No.40/1A Avarangam Palayam Village is in existence or not at the stage in the interest of justice.

4. In this petition, this appellant/first defendant stated that there is no 8 cents of lands in ground reality in S.No.40/1A of Avarangam Village. Actually 1.25 acres of land in S.No.40/1 is available on ground and not as 1.33 acres as a