O R D E R

The present Civil Revision Petition has been filed to set aside the fair and final order dated 16.09.2019 made in I.A.18 of 2016 in I.A.No.3710 of 2013 in O.S.No.224 of 2013 on the file of V Additional District Munsif Court, Coimbatore, by raising various grounds.

2. The case of the petitioner is that originally a suit was filed by the petitioner, namely, Arivuselvam against the respondents / defendants seeking to declare the petitioner / plaintiff as absolute and exclusive owner of the suit property pursuance to the sale deed dated 17.09.2007 under document no.4709 of 2007 with regard to the south-north wall to an extent of 2 feet breadth 49 feet width 9 feet height in the petitioner / plaintiff's eastern boundary limit on its eastern side boundary of the suit property ; to grant permanent injunction restraining the respondents and their men from disturbing or interfering with the petitioner's peaceful possession and enjoyment of the suit property either by finishing the construction work on the eastern boundary of the suit property and to grant Mandatory Injunction directing the defendants and their men to re-construct the south-north wall to an extent of 2 feet breadth 40 feet width 9 feet height in the plaintiff's eastern boundary limit on its eastern side of suit property at their cost.

3. In contrary, a written statement was filed by the respondents /

defendants stating that the cause of action does not arise for filing the suit.

In the said written statement, it has been stated that already a Commissioner was appointed by the court below and the Commissioner visited the suit property with the help of surveyor, found the actual state of affairs and the Commissioner has clearly came to a conclusion that the said north south wall absolutely belongs to the respondents and the report filed by the Commissioner also clearly shows that these respondents are entitled to further space on the western side of the north south wall.

4. That being the statements by the respondents / defendants, the petitioner / plaintiff filed I.A.No.3710 of 2013 in O.S.No.224 of 2013 to scrap the Advocate Commissioner's report and Surveyor Report in I.A.No.152 of 2013 and to appoint a fresh advocate commissioner to note down the physical features of the suit property and also with the assistance of the surveyor to fix the boundaries and measures the suit properties properly, as per deed and find out the encroachment made by the respondents and to take photos by proper photograph and fix report with plan.

5. Under Order 26 Rule 9 r/w Section 151 of CPC, this application, viz., I.A.No.3710 of 2013 in O.S.No.224 of 2013 was dismissed by the learned I Additional District Munsif, Coimbatore by an order dated 03.02.2014 to scrap the advocate commissioner report to note down the physical features of the suit property with the assistance of a surveyor to fix the boundaries, measure the suit property and to find out the encroachment made by the respondents.

6. Challenging the said dismissal, the petitioner has filed a C.R.P.No.2980 of 2014 and M.P.No.1 of 2014 before this Court and on 14.10.2014, this Court, has considered the said Revision Petition and allowed the said Petition by holding that the "impugned order is set aside and the matter is remanded back to the trial court for considering the matter afresh based on the application as well as the counter that has been made by petitioner as well as the respondents and further stated that the Court has not expressed any view on the advocate commissioner's report and trial court has to consider the application afresh on merits and in accordance with law within a period of 30 days." Thereafter, the petitioner has filed I.A.No.18 of 2016 to reopen the petition in I.A.No.3710 of 2013, which was closed by the court below on 16.12.2015 to enable the Advocate Commissioner to file a report.

7. Further, to the said I.A.No.18 of 2016 a counter was filed by the 1st respondent, adopted by the 2nd respondent by conte