Civil revision petition challenging the dismissal of an application for appointment of an Advocate Commissioner. The High Court refused interference, finding the lower court's decision that demarcation was unnecessary for enjoyment disputes was not open to dispute.
Petition dismissed; lower court order confirmed.
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. 2601 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.08.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN C.R.P. No. 2601 of 2023
S.K. Murugan ...Petitioner
.Vs.
For Petitioner : Mr. T. Dhanasekaran
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C.R.P. No. 2601 of 2023
ORDER
This petition is filed to set aside the order and decreetal order dated 24.03.2023 made in I.A.No.42 of 2022 in O.S.No. 9 of
2020 on the file of the Court of the Subordinate Judge, Gingee.
I.A.No.42 of 2022 in O.S.No. 9 of 2020 for appointment of Advocate Commissioner to demarcate the subject property by metes and bounds and the same was dismissed vide order dated 24.03.2023. Hence this petition.
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C.R.P. No. 2601 of 2023
the suit is only with regard to the enjoyment of the subject property. Hence, the question with regard to demarcation of the subject property does not arise, which finding in the considered view of this Court cannot be brushed aside easily. Therefore, there is no necessity to interfere with the impugned order passed by the Court below.
O.S.No. 9 of 2020 on the file of the Court of the Subordinate Judge, Gingee, is confirmed. Accordingly this Civil Revision Petition is dismissed. No order as to costs.
01.08.2023
smn Index : Yes/No Internet: Yes/No
To. The Subordinate Judge, Gingee,
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C.R.P. No. 2601 of 2023
V.BHAVANI SUBBAROYAN,J. Smn
C.R.P. No. 2601 of 2023
01.08.2023
1 issue framed by the court
Whether the High Court should interfere with the Subordinate Judge's finding that appointment of an Advocate Commissioner is unnecessary for disputes regarding enjoyment of property
S.K. Murugan
Thangaraj
Yasodha
Manjupriya
Minor Keerthi
Minor Keerthana
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
