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S. M. SUBRAMANIAM
Imirate Housing Development Pvt Ltd. – Appellant
Versus
C. Sivaraj – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and final order dated 09.12.2022 made in I.A.No.05 of 2022 in O.S.No.914 of 2021 on the file of Principal District Munsif Court, Coimbatore.
The civil revision petition has been instituted against the fair and final order dated 09.12.2022 passed in I.A.No.5 of 2022 in O.S.No.914 of 2021.
2. The revision petitioners are the defendants in the Suit which was instituted by the respondent for permanent injunction. It is not in dispute that the issues are framed in the Suit and posted for trial. At that point of time, the revision petitioners filed an Interlocutory Application in I.A.No.5 of 2022 under order XXVI Rule 9 read with Section 151 of the Civil Procedure Code for appointment of an Advocate Commissioner to inspect the property and submit report.
3. The learned Senior Counsel appearing on behalf of the revision petitioners mainly contended that the reasons stated for rejecting the Interlocutory Application is not in consonance with the established principles. It is contended that the findings of the Trial Court reveals that the Suit was posted for trial and therefore
The necessity of appointing an advocate commissioner to measure the property in order to adjudicate the issue between the parties, and the court's discretion to eschew an earlier commissioner's repor....
A Trial Court may appoint an Advocate Commissioner even if prior applications existed in earlier suits about different survey numbers, as adjudication may require new assessments.
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