Janaki, v. Sekar
Case brief
What is this about?
The Madras High Court dismissed a civil revision petition challenging a lower court order that rejected an application to appoint an Advocate Commissioner to measure suit property in a bare injunction suit involving land boundary and possession disputes.
What did the court decide?
Civil Revision Petition and connected miscellaneous petition dismissed with no costs.
What the court decided
C.R.P.(MD) No.1425 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2021
CORAM :
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(MD) No.1425 of 2021 and C.M.P.(MD) No.8020 of 2021
Janaki
... Petitioner/Petitioner/ Plaintiff
vs.
1.Sekar
2.Muthusamy ... Respondents/Respondents/ Defendants
PRAYER:- This Petition is filed under Article 227 of the Constitution of India, to call for the records in pertaining to the fair and decreetal order dated 06.01.2021 passed by the District Munsif Court, Karur in I.A.No.368 of 2018 in O.S.No.340 of 2017 and set aside the same.
Issues for consideration
2 issues framed by the court
Whether an Advocate Commissioner can be appointed to measure suit property in a suit for bare injunction.
Whether special circumstances exist to justify appointing an Advocate Commissioner to demarcate and identify the property.
Parties & counsel
- petitioner
Janaki
- respondent
Sekar
- respondent
Muthusamy
Coram
Case details
As recorded by the court registry
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