ORDER

Challenge has been made to the order passed by the VII Additional Judge, City Civil Court, Chennai in C.M.P. No.1222 of 2017 dismissing the application filed under Order 26 Rule 9 of CPC to appoint an Advocate Commissioner to inspect the suit property to identify the illegal structure said to have been put up by the 4th respondent over the passage of 40 feet width leading from Gandhi Road to residential complex, by name, Sakthi Towers.

2. The suit in O.S.No.2740 of 2011, on the file of the IV Assistant City Civil Court, Chennai, has originally been filed by the revision petitioner/plaintiff for mandatory injunction for removal of an extent of 1216 sq.ft land in passage of 40 feet width leading to Sakthi Towers Residential Complex from main road at No.107 to 109, Gandhi Road, Velacherry.

3. According to the revision petitioner/plaintiff, he has purchased an extent of 530 sq.ft. of undivided share of land out of a total extent of 32,274 sq.ft, for which, the 4th defendant had already obtained a plan on 02.06.1990 for constructing a residential complex of flats consisting of ground floor, first floor, second floor and third floor. The revision petitioner/plaintiff has entered into