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2021 Supreme(Online)(MAD) 20533

HIGH COURT OF MADRAS
Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
BAKYALAKSHMI (DIED) – Appellant
Versus
N. VENKIDASAMY NAIDU @ – Respondent


O R D E R

(This case has been heard through video conference)

This revision petition has been filed seeking to set aside the Fair and Decreetal order dated 03.03.2017 made in I.A.No.10 of 2016 in O.S.No.336 of 2013 by the learned V Additional District Munisf Court, Coimbatore, dismissing the petition for appointment of the very same Commissioner to measure the second item of the schedule property in the suit.

2. The learned Counsel for the petitioners/plaintiffs would submit that the petitioners are the plaintiffs in O.S.No.336 of 2013 which has been filed for a decree, restraining the respondents/defendants in any way interfering with the peaceful possession and enjoyment of the first item of the suit property either by encroaching the property or by altering the physical features of the property and for mandatory injunction directing the respondents/defendants to remove obstructions in the second item of the schedule property. The learned Counsel would further submit the petitioners/plaintiffs had earlier filed a petition seeking for appointment of an Advocate Commissioner in I.A.No.234 of 2013 to note down physical features of the scheduled plain property. The Court was pleased to

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