Sekar, v. Palpandiyan
Case brief
What is this about?
The Madurai Bench disposed of a civil revision petition challenging an execution order. The Court allowed the petitioner to be present alone at the site to point out boundaries, modified the order to determine the property based on the resurvey plan consistent with the decree, and confirmed the rest of the order.
What did the court decide?
The petitioner is permitted to be present alone during site inspection to point out boundaries, and the suit property is to be measured as per the resurvey plan.
What the court decided
A compact analysis
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.
C.R.P.(PD)(MD).No.1061 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.05.2022
CORAM: THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.R.P.(PD)(MD).No.1061 of 2022 and C.M.P.(MD).No.4243 of 2022
Sekar
... Revision Petitioner / 3rd Respondent/3rd Respondent/ 3rd Defendant
vs.
1.Palpandiyan
2.The President, Vellimalai Pnachayat, Thirunainarkurichi, Ammandivilai Post, Kadiyapattanam Village, Kalkulam Taluk, Kanyakumari District. ... 1st Respondent/Petitioner/ Petitioner/Plaintiff
3.The Executive Officer, Vellimalai Panchayat, Thirunainarkurichi, Ammandivilai Post, Kadiyapattanam Village, Kalkulam Taluk, Kanyakumari District.
Issues for consideration
3 issues framed by the court
Whether to accept the petitioner's submissions complaining of lack of opportunity and different property schedule during execution of the decree.
Whether the petitioner's presence alone is permissible at the site inspection alongside the Commissioner and local Surveyor.
How to modify the order to allow the petitioner to point out boundaries without causing further delay.
Parties & counsel
- petitioner
Sekar
- respondent
The President, Vellimalai Pnachayat
Coram
D Bharatha Chakravarthy
Case details
As recorded by the court registry
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