This revision petition is directed against the order of the Trial Court in I.A.No.632 of 2008 in O.S.No.1138 of 2008 dated 27.01.2011, appointing an Advocate Commissioner to visit the suit property and to note down the physical feature.
2.The suit as such is filed for permanent injunction restraining the defendants from interfering the peaceful enjoyment and the suit property namely the street for the purpose of ingress and egress by the plaintiff. The suit is filed in a representative capacity on behalf of the Keela Mullakkudi Village. The allegation made in the plaint is that the defendants are having a farm and are trying to close the pathway which is used by the villagers to have access to Uyyakkondan channel.
3.On application by the plaintiffs for appointing Commissioner to note down the physical feature, the Court below after hearing both sides has allowed the application on the ground that by appointing Advocate Commissioner and by noting down the physical feature, no prejudice will be caused to the defendants and further it will help the Court to ascertain the true facts and the disputes involved in this case.
4.The Trial Court has come to a subjective satisfaction regarding the appointment of Commissioner and the necessity for appointing an Advocate Commissioner to find out whether there is a pathway in Survey No.150, owned by the defendants or a pathway as classified under the land survey records and this Court finds no error in the said finding of the Trial Court and the order of the Trial Court appointing Advocate Commissioner.
5.This Court sees no merit in this revision petition. Hence this revision petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.
To
1)The District Munsif, Tiruchirappalli.
2)The District Collector, Collectorate, Tiruchirappalli ? 620 001..