In a suit over alleged damage to a boundary wall claimed as exclusive by the plaintiff but asserted as common by the defendants, the trial court allowed appointment of an Advocate-Commissioner with surveyor. The High Court found no illegality in that order and dismissed the civil revision petition.
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.1396 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2024
CORAM
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
C.R.P.No.1396 of 2023 and C.M.P.No.9399 of 2023
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the Fair and Decretal Order made in I.A.No.3 of 2022 in O.S.No.205 of 2022 dated March 7, 2023 on the file of the Principal District Munisf, Salem.
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For Petitioner : Ms.K.Keerthi for Mr.P.K.Harinath Babu For Respondent : Ms.J.Malathi
ORDER
This Civil Revision Petition has been filed against the Order dated March 7, 2023 passed in I.A.No.3 of 2022 in O.S.No.205 of 2022 on the file of 'Principal District Munsif Court, Salem' [hereinafter 'Trial Court'].
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property, and for costs.
Court has filed their written statement stating that the north-south wall in question is a common wall belonging to the plaintiff and the defendants and not an exclusive wall as alleged by the plaintiff. Further, the defendants did not cause any damage to the north-south wall as alleged by the plaintiff. Accordingly, they prayed for dismissal of the Suit.
filed a petition in I.A.No.3 of 2022 under Order XXVI Rule 9 and Section 151 of Code of Civil Procedure, 1908 praying to appoint an AdvocateCommissioner to note down the physical features and measure the Suit Property with the help of a qualified surveyor.
appointed an Advocate-Commissioner to measure the Suit Property with the help of a qualified surveyor and also directed to file a report with plan by April 10, 2023. Aggrieved with the said Order, the defendants therein filed
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this civil revision petition.
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exclusively belongs to the plaintiff as per the plaintiff's case or whether the wall is a common wall as alleged by the defendants, appointment of Advocate-Commissioner along with the surveyor is necessary. The Trial Court after hearing both sides' rightly allowed the petition, and there is no illegality or irregularity in the said Order. Accordingly, she prayed to dismiss the revision petition and confirm the Order passed by the Trial Court.
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07.11.2024
rna Index : Yes Internet : Yes Neutral Citation: Yes
To
The Principal District Munisf, Salem.
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R.SAKTHIVEL,J
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C.R.P.No.1396 of 2023 and C.M.P.No.9399 of 2023
07.11.2024
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1 issue framed by the court
Whether appointment of an Advocate-Commissioner with a surveyor to measure the suit property was justified to determine whether a wall is common or exclusively the plaintiff's.
1 provisions across 1 enactments
R.Balaji
B.Jayanthi
K.S.Anbu
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
