The High Court dismissed a Civil Revision Petition filed by defendants seeking to set aside the trial court's order appointing an Advocate Commissioner to survey and demarcate the suit property in a title dispute.
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.
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 03.02.2021
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P. (PD) No.111 of 2021 and C.M.P.No.1033 of 2021
1.Ezhumalai Nagar, S/o.Samikannau Nadar
2.Sivarajan, S/o.Elumalai Nadar ...Petitioners/defendants
Vs
Thirumeni, S/o.Nadesan Nadar ...Respondents/plaintiff
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order and decretal order dated 04.10.2019 made in I.A.No.566 of 2018 in O.S.No.72 of 2017 on the file of the learned Additional District Munsif, Chidambaram, by allowing the revision petition.
For Petitioners : Mr.S.Manivasagam
This Civil Revision Petition has been filed by the petitioners, seeking the relief to set aside the decretal order dated 04.10.2019 made in I.A.No.566 of 2018 in O.S.No.72 of 2017 on the file of the learned Additional District Munsif, Chidambaram.
4. Having considered all the materials placed before him, https://hcservices.ecourts.gov.in/hcservices/ the learned Additional District Munsif, Chidambaram, allowed
the application filed by the respondent/plaintiff, by appointing the Advocate Commissioner to survey the suit scheduled property. As against the said order, the petitioners had filed this Revision and prayed to set aside the decretal order dated 04.10.2019.
Sd/Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
sbn
To
The Additional District Munsif, Chidambaram.
C.R.P. (PD) No.111 of 2021 and C.M.P.No.1033 of 2021
SMI(CO) B.VC(14.07.2021)
1 issue framed by the court
Whether the High Court should interfere with the trial court's order appointing an Advocate Commissioner to survey the property despite the petitioners' challenge to the partition deed as non-title do
1.Ezhumalai Nagar, S/o.Samikannau Nadar and 2.Sivarajan, S/o.Elumalai Nadar
Thirumeni, S/o.Nadesan Nadar
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
