18.The learned counsel appearing for the petitioner relied on the Judgment
passed by this Court in the case of Meenakshi v. Vennila and another reported in
2008 (5) CTC 181, which reads as follows:
6.Mr.A.B.Prabhakar, learned counsel for the petitioner would
contend that this application for appointment of commissioner is one
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C.R.P(MD)(PD).No.2150 of 2013
with the object of ascertaining the factum of possession. The suit
being one for permanent injunction, it is for the plaintiff to prove
possession as required under law. The plaintiff cannot seek
appointment of commissioner to establish her possession of the suit
property. He would also rely upon a judgment of this Court in
Meenakshi vs Vennila and another, reported in 2008(5)CTC 181
wherein this Court had held that a commissioner cannot be appointed
to ascertain the factum of possession.
It has been contended by learned counsel for the petitioners-
plaintiffs that local commissioner cannot be appointed to ascertain
possession of the parties over the property in dispute, as it is for the parties
to lead evidence to establish their possession. On the point he has placed
reliance upon a judgment rendered by Madras High Court in Meenakshi v.
Vennila and another 2009(5) RCR (Civil) 278 and a judgment of this
Court rendered in Vinod Kumar v. Gram Panchayat of Village Kheri
Naru and others 2008(1) RCR (Civil) 697.