C.Somasundaram v. D.Santhi
Case brief
What is this about?
Quashing a trial court order rejecting a petition to scrap an Advocate Commissioner's report on a property dispute. The court held the plaintiff could file objections during trial rather than seek to scrap the report.
What did the court decide?
Civil Revision Petition dismissed. Connected Civil Miscellaneous Petition closed. No costs awarded.
What the court decided
C.R.P.No.969 of 2020 and C.M.P.No.5280 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2022
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
C.R.P.No.969 of 2020 and C.M.P.No.5280 of 2020
C.Somasundaram ... Petitioner ..Vs..
D.Santhi ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India against the fair and decreetal order dated 29.01.2020 in I.A.No.1 of 2019 in O.S.No.22 of 2018 on the file of the II Additional District Munsif Court, Erode.
For Petitioner : Mr.D.Lakshmipathy For Respondent : Mr.S.Mukunth for M/s.Sarvabhauman Associates
ORDER
The present Civil Revision Petition is filed against the fair and
Issues for consideration
2 issues framed by the court
Whether the Civil Revision Petition challenging the trial court's refusal to scrap the Advocate Commissioner's report should be allowed.
Whether the Advocate Commissioner's report can be scrapped on the grounds that adjacent properties were not measured.
Parties & counsel
- petitioner
C. Somasundaram
- respondent
D. Santhi
Coram
R. Hemalatha
Case details
As recorded by the court registry
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