Poomayil v. Rakkan
Case brief
What is this about?
The Madras High Court allowed a civil revision petition against an order dismissing an application for an Advocate Commissioner to note down physical features of the suit property. The Court quashed the dismissal and directed the trial court to appoint the Commissioner.
What did the court decide?
IA No.782 of 2017 restored on file; Trial Judge directed to appoint an Advocate Commissioner to note down physical features and file a report.
What the court decided
C.R.P(PD)(MD)No.935 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.07.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.R.P(PD)(MD)No.935 of 2018 and C.M.P(MD)No.4126 of 2018
Poomayil ...Petitioners/Petitioner/ Plaintiff
Vs.
1.Rakkan
2.Arjunan
...Respondents/Respondents/ Defendants
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records relating to fair and decreetal order dated 20.12.2017 made in I.A.No.782 of 2017 in O.S.No.50 of 2017 on the file of the learned District Munsif Court, Devakottai and set aside the same.
Issues for consideration
2 issues framed by the court
Whether the revision petition challenging the dismissal of an application to appoint an Advocate Commissioner can be allowed to note down physical features of the suit property.
Whether the impugned order dismissing the commission application since the petitioner's purpose was only to note down physical features given the non-appearance of respondents should be interfered wit
Parties & counsel
- petitioner
Poomayil
- respondent
Rakkan
- respondent
Arjunan
Coram
Case details
As recorded by the court registry
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