Elangovan v. Seeman
Case brief
What is this about?
The High Court allowed a Civil Revision Petition challenging the dismissal of an application to appoint an advocate commissioner. The court set aside the trial judge's order, finding it erroneous to deny measurement of disputed property via a commissioner when encroachment was alleged.
What did the court decide?
Impugned findings in I.A. No. 446 of 2016 set aside; application to appoint Advocate Commissioner allowed; trial judge directed to appoint commissioner and measure property.
What the court decided
C.R.P. No.4118 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2023
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
C.R.P.No. 4118 of 2023 and C.M.P. No.25160 of 2023
Elangovan, rep. By his Power Agent Ezhilarasi ... Petitioner
Versus
- Seeman
- Kalaiselvi
.. Respondents
PRAYER :Civil Revision Petition is filed under Art. 227 of Constitution of
India, praying to set aside the fair and decreetal order dated 11.10.2022 made in I.A.No.446 of 2016 in O.S.No.175 of 2016 on the file of the learned
Issues for consideration
3 issues framed by the court
Whether the dismissal of an application to appoint an advocate commissioner to measure disputed property was legally erroneous.
Whether the trial judge correctly held that revenue documents suffice to prove encroachment, negating the need for a commissioner.
Whether the civil revision petitioner was denied the valuable right to defend the case by not being given opportunity to prove claim via physical measurement.
Parties & counsel
- petitioner
Elangovan
- respondent
Seeman
- respondent
Kalaiselvi
Coram
Case details
As recorded by the court registry
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