ORDER

This revision is directed against the order passed in I.A.No.

115 of 2020 in O.S.No.200 of 2019 dated 02.03.2021 on the file of the District Munsif – Cum – Judicial Magistrate, Kadaladi, dismissing the application filed under Order 26 Rule 9 CPC for appointment of Commissioner.

2. The first respondent / plaintiff has filed a suit in O.S.No.

200 of 2019 claiming permanent injunction restraining the defendants therein and their men from interfering with his peaceful possession and enjoyment of the suit property. The defendants 1 to 7 after filing of the written statement, have filed an application under 26 Rule 9 CPC seeking appointment of Commissioner to measure the suit property, as per the Revenue Records with the help of Taluk Surveyor and to find out the measurements, boundaries and other physical features. The first defendant / revision petitioner herein has filed an affidavit in support of the petition filed for the appointment of Commissioner and whereunder, he has specifically stated that the plaintiff has filed the suit as if the two items of the suit properties are dry lands and thereby, suppressing the existence of buildings, cattle shed, fencing, various trees, well e