The High Court dismissed the Civil Revision Petitions filed by defendants against the Trial Court's order appointing an Advocate Commissioner to measure suit property and note physical features. The Court held the report was necessary to adjudicate the title dispute.
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..Nos.4013 &4024 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :31.10.2023
CORAM :
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
C.R.P.No.4013 & 4024 of 2023 and CMP.No.24563 & 24621 of 2023
1.Palani 2.Thukkan
3.Maari 4.Naasi
5.Seami
6.Malarkodi ... Petitioners in both C.R.P's
Versus
Sambasivam ...Respondent in C.R.P.No.4013 of 2023 Vadivel ...Respondent in C.R.P.No.4024 of 2023
PRAYER in C.R.P.No.4013 of 2023: Civil Revision Petition filed Under
Article 227 of Constitution of India, praying to set aside the order and decreetal order dated 17.03.2023 in I.A.No.3 of 2021 in O.S.No.197 of 2021
on the file of the learned Principal District Munsif, Tirupattur.
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C.R.P..Nos.4013 &4024 of 2023
PRAYER in C.R.P.No.4024 of 2023: Civil Revision Petition filed Under
Article 227 of Constitution of India, praying to set aside the order and decreetal order dated 17.03.2023 in I.A.No.3 of 2021 in O.S.No.195 of 2021 on the file of the learned Principal District Munsif, Tirupattur.
For Petitioner in both C.R.P's : Mr.Prakash Adiapadam
For respondent in both C.R.Ps : Mr.G.K.Sekar
COMMON O R D E R
These Civil Revision Petitions are filed challenging the orders passed by the Court below dated 17.03.2023 in I.A.No.3 of 2021 in O.S.No.197 of 2021 and I.A.No.3 of 2021 in O.S.No.195 of 2021 on the file of the learned Principal District Munsif, Tirupattur, appointing an Advocate Commissioner to measure the suit property, note down the physical features and file a report.
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C.R.P..Nos.4013 &4024 of 2023
file of learned Principal District Munsiff, Tirupattur to appoint an Advocate Commissioner to note down the physical features of the suit property and the same was allowed by the Trial Court. Aggrieved by the same, the revision petitioners are before this Court by way of Civil Revision Petitions.
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C.R.P..Nos.4013 &4024 of 2023
Further, the defendants raised objection stating that through unregistered documents, the respondent herein/plaintiff are claiming right over the suit property, which is not legally permissible.
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C.R.P..Nos.4013 &4024 of 2023
connected miscellaneous petitions are closed.
31.10.2023
Index : Yes/No Speaking/Non Speaking order Neutral Citation: Yes/No nr
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C.R.P..Nos.4013 &4024 of 2023
T.V.THAMILSELVI, J.
nr
To
2.The Section Officer, VR-Section, High Court of Madras.
C.R.P.No.4013 & 4024 of 2023 and CMP.No.24563 & 24621 of 2023
31.10.2023
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2 issues framed by the court
Whether the appointment of an Advocate Commissioner to measure the suit property and note down physical features was maintainable under Article 227.
Whether the High Court can interfere with the Trial Court's order appointing an Advocate Commissioner in a suit for declaration of title and permanent injunction.
1 provisions across 1 enactments
Palani
Thukkan
Maari
Naasi
Seami
Malarkodi
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
