This single-judge order dismissed a civil revision petition filed by a defendant in a permanently decreed injunction suit. The High Court upheld the trial court's refusal to appoint an advocate commission to note physical features, ruling that such evidence lacks relevance in permanent injunction suits and new cases cannot be introduced during the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P. NPD 2887 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2020
CORAM
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
C.R.P. (PD) 2887 of 2015
and
M.P. 1 of 2015
A.Balasubramaniam ... Petitioner
Versus
V.Guruvan ... Respondent
PRAYER :Civil Revision Petition is filed under Article 227 of
Constitution of India, praying to set aside the fair and decreetal order dated 17.02.2015 made in I.A. 42 of 2014 in A.S. 14 of
2014 on the file of Sub-Court, Bhavani.
For Petitioner : Mr.N.Manokaran
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C.R.P. NPD 2887 of 2015
O R D E R
This Civil Revision Petition has been filed against the order dismissing the petitioner's application to appoint a Advocate Commissioner to note down the physical features of the suit property.
the respondent is neither the owner nor in possession of the suit schedule property. In the above circumstances, he wants to appoint a Advocate Commissioner to note down the physical features. The Trial Court has dismissed the application on the ground that, the suit has been filed for permanent injunction, in
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C.R.P. NPD 2887 of 2015
which, the physical features do not have much role to play. Challenging the same, the present Civil Revision Petition has been filed.
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C.R.P. NPD 2887 of 2015
and I find no merit in this Civil Revision Petition. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition in M.P. 1 of 2015 is closed.
06.01.2020
Index : Yes/No
Internet: Yes/No
Speaking/Non Speaking order
rpp
To
Subordinate Judge,
Sub-Court,
Bhavani.
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C.R.P. NPD 2887 of 2015
V.BHARATHIDASAN,J.
rpp
C.R.P.NPD 2887 of 2015
and
M.P. 1 of 2015
06.01.2020
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2 issues framed by the court
Whether an application to appoint a commission to note physical features of suit property is maintainable in a suit for permanent injunction where the case has already been decreed.
Whether a party can raise a new case regarding the presence of a temple on the suit property for the first time pending appeal.
A.Balasubramaniam
V.Guruvan
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
