B. PUGALENDHI
R. Vellaisamy – Appellant
Versus
S. Kavitha – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 01.07.2019 made in I.A.No.1 of 2019 in O.S.No.477 of 2014 on the file of the District Munsif Court, Lalgudi.)
1.This Civil Revision Petition is filed as against the fair and decreetal order passed in I.A.No.1 of 2019 in O.S.NO.477 of 2014 dated 01.07.2019 by the learned District Munsif, Lalgudi.
2. The petitioner is the plaintiff in O.S.No.477 of 2014. He filed the said suit for recovery of possession, mandatory injunction and for declaration. Pending the suit, the petitioner / plaintiff has also filed an application for appointment of Advocate Commissioner and the same was also ordered by the trial Court. Subsequently the Advocate Commissioner has also visited the property and filed his report.
3. The petitioner with allegations that the Advocate Commissioner has not properly identified the property and has mentioned the property wrongly as the petitioner's property belongs to the defendant and the defendant's property belongs to the petitioner, has filed an application under Order 26 Rule 10 of CPC, to strike off the Advocate Commissioner'
The main legal point established in the judgment is that unless the earlier report of the Advocate Commissioner is scraped, the question of re-issuing the warrant does not arise.
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