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S. M. SUBRAMANIAM
Panneerselvam – Appellant
Versus
Ramakrishnan – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 09.04.2018 made in I.A.No.282 of 2017 in O.S.No.114 of 2016 on the file of the Principal District Munsif Court, Vandavasi.
The Civil Revision Petition has been filed to set aside the order dated 09.04.2018 made in I.A.No.282 of 2017 in O.S.No.114 of 2016 on the file of the Principal District Munsif Court, Vandavasi.
2. The revision petitioners are the plaintiff, instituted a Suit in O.S.No.114 of 2016 on the file of the Principal District Munsif Court, Vandavasi for permanent injunction.
3. During the pendency of the Suit, the revision petitioners filed an Interlocutory Application in I.A.No.282 of 2017 to appoint an Advocate Commissioner to inspect the suit scheduled property and the adjacent properties and submit a report.
4. The trial Court adjudicated the issues and made a finding that the suit is instituted for permanent injunction and in the petition, the revision petitioners have stated that the defendant has encroached the property belongs to the revision petitioners by three feet and that is to be established in the suit. However, the revision petitioner
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....
The main legal point established in the judgment is that the appointment of an Advocate Commissioner in a suit for bare injunction is permissible for identification and measurement of the property, a....
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