Kathirvel v. Chitra
Case brief
What is this about?
Civil revision allowing revision. Court held appointment of an Advocate Commissioner without measurement by a taluk surveyor was defective and directed trial court to appoint fresh commissioner despite lack of objections by plaintiff.
What did the court decide?
Trial court directed to take I.A. No.907/2019 on file and appoint an Advocate Commissioner to inspect and measure the petition mentioned properties with the help of a taluk surveyor.
What the court decided
C.R.P.No.1168 of 2020 and C.M.P.No.6299 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.R.P.No.1168 of 2020 and C.M.P.No.6299 of 2020
Kathirvel ... Petitioner ..Vs..
- Chitra 2. Duraisamy ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 05.02.2020 in I.A.No.907 of 2019 in O.S.No.169 of 2002 on the file of the Principal District Munsif, Attur.
For Petitioner : Mr.V. Lakshminarayanan For Respondents : Mr.L. Mouli
ORDER
The present Civil Revision Petition is filed against the fair and
Issues for consideration
3 issues framed by the court
Whether an order dismissing an application for appointment of an Advocate Commissioner to verify boundaries with a surveyor is correct when the previous commissioner failed to conduct measurement with
Whether the plaintiff's failure to file objections to the previous commissioner's preliminary report bars a subsequent application for fresh measurement?
Whether the High Court is competent to direct the trial court to take up a pending application for the purpose of appointing a fresh commissioner?
Parties & counsel
- petitioner
Kathirvel
- respondent
Chitra
- respondent
Duraisamy
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court