Ismail Khan v. Siva
Case brief
What is this about?
The High Court allowed the civil revision petition, setting aside the subordinate judge's order dismissing an application for an Advocate Commissioner. The Court directed the lower court to appoint a commissioner to inspect the property for encroachment within two months.
What did the court decide?
Impugned order set aside; lower court directed to appoint an Advocate Commissioner to inspect suit property and complete exercise within two months.
What the court decided
CRP(PD)No.2055 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 14.12.2020 PRONOUNCED ON : 18.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
CRP(PD)No.2055 of 2016
(Through Video Conferencing)
Ismail Khan Petitioner
Vs
1. Siva
2. Rani Respondents
Prayer:- This Civil Revision Petition has been filed, under Section 227 of the Constitution of India, to set aside the fair and decreetal order dated 7.3.2016, made in IA.No.171 of 2015 in OS.No.128 of 2013, by the Subordinate Judge, Panruti.
For Petitioner : Mr.R.Gururaj
For Respondent : Mr.P.Kannan Kumar
ORDER
- This Civil Revision Petition has been filed, to set aside the fair and decreetal order dated 7.3.2016, made in IA.No.171 of 2015 in OS.No.128 of 2013, by the Subordinate Judge, Panruti.
- The facts of the case, in a nutshell, are that the Plaintiff is the Petitioner herein and the Defendants are the Respondents. The suit was filed for declaration of title, demolition and vacant possession and alternatively for
Issues for consideration
2 issues framed by the court
Whether the Trial Court was correct in dismissing the application for appointment of an Advocate Commissioner to inspect the property.
Whether an Advocate Commissioner should be appointed to determine encroachment in a suit for declaration of title and recovery of possession.
Parties & counsel
- petitioner
Ismail Khan
- respondent
Siva
- respondent
Rani
Coram
Case details
As recorded by the court registry
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