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2021 Supreme(Online)(MAD) 51955

HIGH COURT OF MADRAS
Hon`ble Ms.Justice P.T.ASHA
SEBASTIN – Appellant
Versus
RAJAPANDI NADAR – Respondent


ORDER

Aggrieved by the dismissal of the application seeking re-issue of commission warrant to the Advocate Commissioner to visit the suit property along with the qualified Surveyor to measure the property described in O.S.No.20 of 2017 and O.S.No.217 of 2018 as well as the suit scheduled property, to note down the physical features and submit the report and plan, the petitioners, who are defendants 1 to 4 in the suit in O.S.No.94 of 2012, are before this Court.

2.The impugned application in I.A.No.1 of 2019 was filed by the petitioners in the suit O.S.No.94 of 2012 which has been filed by the first respondent herein for a mandatory injunction against the defendants

1 and 2 to demolish the north-south wall put up by the defendants 1 and 2, for a mandatory injunction to demolish the newly constructed house, wall, windows etc.,. and also for a mandatory injunction directing the fifth defendant to remove the pipeline that has been put up. Pending the suit, an Advocate Commissioner was appointed ex parte and had gone and inspected the property and submitted the report.

3.The main grievance of the petitioners is with reference to the suit second item of the property. The Advocate Commission

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