2019 (4) TMI 2004

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.....Ps.) : Mr.M.Solaisamy COMMON ORDER Heard Mr.J.Barathan, learned counsel appearing for the petitioner and Mr.M.Solaisamy, learned counsel appearing for the respondents. 2.C.R.P.(MD)No.1607 of 2015 has been filed against the order passed in I.A.No.362 of 2014 in O.S.No.152 of 2012 dated 04.07.2014 on the file of the learned District Munsif cum Judicial Magistrate No.I, Usilampatti. 3.C.....

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....ner and the petition was dismissed by the trial Court and against that order, the petitioner herein has come forward with the present petition in C.R.P.(MD)No.1608 of 2015. 5.On the side of the petitioner, it is stated that the respondents filed a petition in I.A.No.410 of 2012 to appoint a Commissioner and the Commissioner was appointed by the Court and the Commissioner filed his report and th....

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....he side of the respondents, it is stated that the Commissioner filed a report and he has measured the property from the eastwest road on the northern side of the petitioner's property and he has also taken measurement from the other side also. There is no ambiguity and there is no necessity to scrap the Commissioner report. 8.On the side of the petitioner, it is stated that a party can exam....

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....ortunity to examine the Commissioner is to be given to any party aggrieved by the Commissioner report. Already the petitioner has objected to the Commissioner report. In the above circumstances, it is just a necessary that the petitioner is to be permitted to examine the Commissioner. Hence, the Civil Revision Petition in C.R.P.(MD)No.1607 of 2015 is allowed and the impugned order in I.A.No.362 of....