ORDER :

(V. Bhavani Subbaroyan, J.)

The present petition has been filed to set aside the fair and decreetal order dated 16.03.2023 on the file of learned District Munsif, Sankari in I.A.No.5 of 2022 in I.A.No.39 of 2016 in O.S.No.10 of 2016.

2. The brief facts of the case are as follows:-

Originally the respondents 1 & 2/Plaintiffs had filed a suit in O.S.No.10 of 2016 for the relief of Declaration and consequential reliefs The petitioner herein is the 3rd Defendant in the suit. Pending original suit, an Interlocutory Application No.39 of 2016 was filed by respondents 1 & 2/Plaintiffs for Appointment of an Advocate Commissioner and the same was allowed and learned Advocate Commissioner has filed his report and plan on 23.02.2018, to which objections were filed by the petitioner as well as 3rd and 4th respondents on 28.01.2019 and 25.02.2019 respectively. Subsequently, the petitioner had filed a petition in I.A. No. 5 of 2022 under Section 151 of C.P.C. seeking an order to scrap the said Commissioner's Report, which has been filed in I.A.39 of 2016 in O.S.No.10/2016 on 23.02.2018 and Surveyor plan dated 13.11.2017. After considering the arguments on both the sides the trial court had