ORDER

Challenging the order of dismissal passed by the learned Principal Subordinate Judge, Chengalpattu in I.A.No.3 of 2022 in O.S.No.249 of 2022, the Civil Revision Petition has been filed.

2. The learned counsel for the petitioner submitted that the respondent/plaintiff has filed a suit in O.S.No.249 of 2022 on the file of the Principal Subordinate Court, Chengalpattu, for permanent injunction restraining the defendant, his men including his political persons, agents from in any way interfering with the suit property. Pending suit, the plaintiff had filed an application in I.A.No.3 of 2022 under Order VII Rule 1 and Section 26 of CPC to appoint an Advocate Commissioner to visit the suit property and measure the same with the help of surveyor attached to the Taluk Office, Thiruporur as per the title deed and patta of the petitioner. The learned Trial Judge, by an order dated 05.06.2023, dismissed the said petition on the ground that the suit being a relief of permanent injunction and the defendant had also disputed the title over the property, and therefore, Commissioner cannot be appointed to collect evidence, and it has to be proved by the parties before the Court and dismissed