High Court of Madras dismissed a Civil Revision Petition filed under Article 227 challenging an order refusing appointment of a licensed surveyor. The court upheld the trial court's finding that appointing a surveyor is unnecessary in a bare injunction suit where possession issues are already admitted.
The Civil Revision Petition is dismissed with no costs.
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.No.254 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.02.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.R.P.No.254 of 2023
K.Annadurai ... Petitioner
Vs.
A.Gunasekaran ... Respondent
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the order and decreetal order in I.A.No.2 of 2022 in O.S.No.35 of 2021 dated 22.11.2022 on the file of District Munsif Cum Judicial Magistrate, Thirukalukundram, dismissing the petition sought for appointment of licensed surveyor under order 26 rule 1 & 2 of CPC.
For Petitioner : Mr.G.Ashokkumar
O R D E R
The Civil Revision Petition has been filed against the order and
decreetal order in I.A.No.2 of 2022 in O.S.No.35 of 2021 dated 22.11.2022.
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respondent/plaintiff, instituted a Suit in O.S.No.35 of 2021 for Permanent Injunction.
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has to defend his case by filing documents and evidences in the manner contemplated.
07.02.2023
kak Index : Yes Speaking order Neutral Citation : Yes
To
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The District Munsif Cum Judicial Magistrate, Thirukalukundram.
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S.M.SUBRAMANIAM, J.
kak
C.R.P.No.254 of 2023
07.02.2023
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2 issues framed by the court
Whether a civil revision petition under Article 227 should lie against an order dismissing an application to appoint a surveyor in a permanent injunction suit.
Whether the appointment of a surveyor is permissible when the trial court has already recorded findings on possession and construction.
2 provisions across 2 enactments
K.Annadurai
A.Gunasekaran
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
