O R D E R

The defendant in O.S.No.45 of 2013, on the file of the Principal District Munsif Court, Thanjavur, has filed the present Civil Revision Petition challenging the allowing of an application to reissue warrant to the Advocate Commissioner.

2. The respondent herein had filed the above said suit for the relief of declaration that “ABCD” suit lane is a common lane and for a consequential relief of permanent injunction restraining the defendant from putting up any further construction in the suit common lane. The plaintiff has further prayed for a mandatory injunction as against the defendant to remove the illegal construction.

3. Pending suit, the plaintiff has filed I.A.No.109 of 2013 for appointment of an Advocate Commissioner to note down the width of the suit common lane and to note down the illegal construction made therein with the assistance of a qualified surveyor and also to note down other physical features. The Commissioner has filed his report on 22.11.2013. A perusal of the report reveals that the Commissioner has arrived at a specific finding that the suit lane