This court dismissed a civil revision petition challenging the dismissal of an application to appoint an Advocate Commissioner to inspect suit property in a suit for specific performance. The court ruled that such appointment was irrelevant to the relief claimed.
Civil Revision Petition dismissed; no costs; connected miscellaneous petition closed.
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.
CRP(PD)No.72 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 16.12.2020 PRONOUNCED ON : 17.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
CRP(PD)No.72 of 2017
CMP.No.379 of 2017
(Through Video Conferencing)
1. Nataraja Gounder
2. Sakthivel Petitioners
Vs
Karunanithi Respondent
Prayer:- This Civil Revision Petition has been filed, under Section 227 of the
Constitution of India, to set aside the fair and final order dated 15.11.2016,
made in IA.No.11 of 2016 in OS.No.1 of 2015, by the II Additional District
Sessions Judge,Tindivanam.
For Petitioner : Mr.Arun Kumar
For Respondent : Mr.K.Balakrishnan
ORDER
CRP(PD)No.72 of 2017
was filed, seeking appointment of Advocate Commissioner to inspect the suit property and to file a report. By the impugned order, the said application was dismissed. Hence, this Civil Revision Petition has been filed.
17.12.2020
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CRP(PD)No.72 of 2017
Index:Yes/No Web:Yes/No Speaking/Non Speaking Srcm
To
CRP(PD)No.72 of 2017
A.A.NAKKIRAN, J.
Srcm
Pre-Delivery Order in
CRP(PD)No.72 of 2017
17.12.2020
3 issues framed by the court
Whether appointment of Advocate Commissioner for inspecting property and ascertaining value is necessary in a suit for specific performance.
Whether the dismissal of the application for appointment of Advocate Commissioner warrants interference in revision.
Whether there is any infirmity in the order dismissing the application for appointment of Advocate Commissioner.
1 provisions across 1 enactments
Nataraja Gounder
Sakthivel
Karunanithi
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
