1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION (PD)(MD)No.2157 of 2011 and MISCELLANEOUS PETITION (MD)No.1 of 2011 1.Johnson 2.Agatha 3.Thompson .. Petitioners/Respondents/Defendants Vs. Yesudhas .. Respondent/Petitioner/Plaintiff Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 10.06.2011 passed in Interlocutory Application No.450 of 2010 in Original Suit No.373 of 2007 by the Second Additional District Munsif Court, Kuzhithurai. For Petitioners : Mr.A.Arumugam For Respondent : Mr.C.Rajakumar ORDER The order dated 10.06.2011 passed in Interlocutory Application No.450 of 2010 in Original Suit No.373 of 2007 by the Second Additional District Munsif Court, Kuzhithurai is being challenged in the present Civil Revision Petition. 2. The respondent herein as plaintiff has instituted Original Suit No.373 of 2007 on the file of the Court below for the reliefs of declaration, recovery of possession and also for permanent injunction, wherein the present revision petitioners have been shown as defendants. During pendency of the same, an Advocate Commissioner has been appointed at the instance of the plaintiff and subsequently the present petition has been filed in Interlocutory Application No.450 of 2010 by the plaintiff as petitioner so as to utilise the service of a private surveyor. The Court below has allowed the same. Against the order passed by the Court below, the present Civil Revision Petition has been preferred. 3. The learned counsel appearing for the revision petitioners/defendants has contended that the Advocate Commissioner has already visited the suit properties and measured the same with the assistance of a Taluk Surveyor and he committed a flimsy mistake and under the said circumstances service of private surveyor cannot be utilised and the present petition has been filed for the purpose of securing assistance of a private surveyor and the Court below without considering the objections raised on the side of the revision petitioners has erroneously allowed the petition and therefore the https://hcservices.ecourts.gov.in/hcservices/ 2 order passed by the Court below is liable to be set aside. 4. The learned counsel appearing for the respondent has contended that in Original Suit No.373 of 2007 an Advocate Commissioner has been appointed and he measured the suit properties with the assistance of a Taluk Surveyor and since the work done by the Taluk Surveyor is not satisfactory, the present petition has been filed so as to utilise the service of a private surveyor and the Court below has rightly allowed the same. 5. Considering the fact that in Original Suit No.373 of 2007 already an Advocate Commissioner has been appointed and he inspected the suit properties with the assistance of a Taluk Surveyor and also considering that the work done by the Taluk Surveyor is not satisfactory, this Court is of the view that service of Inspector of Survey can be utilised. With the above modification, the present Civil Revision Petition can be allowed in part. 6. In fine, this Civil Revision Petition is allowed in part without costs and the order passed in Interlocutory Application No.450 of 2010 in Original Suit No.373 of 2007 by the Second Additional District Munsif Court, Kuzhithurai is modified as follows: The respondent/petitioner/plaintiff is directed to seek service of Inspector of Survey for the purpose mentioned in the petition, wherein Advocate Commissioner has been appointed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(A.S.) /True Copy/ Sub Assistant Registrar To The Second Additional District Munsif Court, Kuzhithurai. +1cc to Mr.M.Ajmalkhan, Advocate, Sr.No.40211 C.R.P(PD)(MD)No.2157 of 2011 and M.P(MD)No.1 of 2011 16.11.2011 smn sma/21.11.2011/3c/2p https://hcservices.ecourts.gov.in/hcservices/