Dismissed

Mr.Arumugam v. R.Subramani

Madras HC6 Jun 2016CRP/1463/2016

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition challenging an order rejecting an application for an Advocate Commissioner to measure alleged encroachment. The court found no reason to interfere given the respondent's pending plea regarding peaceful possession and the petitioner's failure to produce revenue records.

What did the court decide?

The civil revision petition is dismissed with no costs; the connected miscellaneous petition is closed.

Mr.Arumugam Vs R.Subramani — Landlord and Tenant | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.06.2016

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CORAM

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THE HONOURABLE MR.JUSTICE C.T.SELVAM

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Civil Revision Petition (PD) No.1463 of 2016 and

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C.M.P.No.8050 of 2016

P.Arumugam

... Petitioner

R.Subramani

... Respondent

Civil Revision Petition filed under Article 227 of the Constitution of India against the order and decreetal order dated 29.02.2016 passed in I.A.No.954 of 2015 in O.S.No.140 of 2015 on the file of District Munsif, Udhagamandalam, Nilgiris.

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O R D E R

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This revision challenges the order of learned District Munsif,

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Udhagamandalam, Nilgiris, passed in I.A.No.954 of 2015 in O.S.No.140 of 2015 on 29.02.2016.

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2 .Heard learned counsel for petitioner.

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3 .The revision petitioner has preferred O.S.No.140 of 2015

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seeking a direction to the respondent / defendant to demolish the illegal construction carried out in the petitioner / plaintiff's land on the western side to an extent of 150 sq.ft., failing which, liberty be given to the petitioner / plaintiff to demolish the encroached portion and construction by the respondent / defendant or this Court may demolish the encroached portion in the petitioner / plaintiff's land by the respondent / defendant at the cost of the respondent / defendant, to execute a sale deed in favour of the petitioner / plaintiff and to deliver possession of the suit properties to the petitioner / plaintiff or in the alternative, to refund the advance amount with interest to the petitioner / plaintiff.

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4 .The revision petitioner moved I.A.No.954 of 2014 seeking

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appointment of an Advocate Commissioner towards measuring the allegedly encroached property and noting the physical features. In dismissing such application, the Court below, took note of the possession that the respondent / defendant had earlier moved O.S.No.136 of 2015 on the file of District

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Munsif, Udhagamandalam, Nilgiris, seeking relief from interfering with his peaceful possession and enjoyment, which is still pending, the petitioner / plaintiff has relied upon two unregistered and unstamped sale deeds dated

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28.12.1995 and 11.05.2010 and that the petitioner / plaintiff has not filed any

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revenue records to show that the property was in possession and enjoyment of

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the petitioner / plaintiff. The respondent / defendant had preferred a complaint against the petitioner / plaintiff's wife, who had sought to disturb him though there was a gap of two feet between the petitioner / plaintiff and

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respondent / defendant's properties. This Court finds no reason to interfere with the order under challenge.

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5. The Civil Revision Petition is dismissed. No costs. Consequently,

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connected miscellaneous petition is also closed.

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06.06.2016

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Index : Yes / No Internet : Yes sri To

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The District Munsif, Udhagamandalam, Nilgiris.

C.T.SELVAM, J

sri

Civil Revision Petition (PD) No.1463 of 2016

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06.06.2016

Mr.Arumugam v. R.Subramani

Case brief

What is this about?

What did the court decide?

Mr.Arumugam v. R.Subramani

Case brief

What is this about?

What did the court decide?

What the court decided

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