K G PALANISAMY Vs. S KATHIRESAN

JUDGEMENT

(1.) THIS revision is directed against the order passed in LA.No. 2538 of 1991 in O.S.No.348 of 1986 on the file of District Munsif, Tiruppur, in which the learned District Munsif has allowed the petition filed by the respondent under 0.26, Rule 9, C.P.C. praying for appointment of a Commissioner to inspect the suit properties and file his plan with report.

(2.) SHORT facts are: The respondent has filed the suit for declaration that the plaintiff is the absolute owner of the suit properties and injunction. The suit properties are the lands as well as a well. It is opposed by the defendants, namely, the revision petitioners herein. While so, the respondent had filed I.A.No.2533 of 1991 praying for appointment of a Commissioner to inspect the suit property and to file a plan with his report and it was opposed by the revision petitioners herein and after hearing the parties, the learned District Munsif has passed an order allowing the petition and appointing an advocate as Commissioner for the aforesaid purpose. Aggrieved by the same, the respondents in the court below have come forward with this civil revision petition.