Revision against refusal to appoint an Advocate Commissioner with a Government Surveyor in appeal. Held that a second commissioner for the same purpose cannot be appointed while the first report stands; parties may instead summon the surveyor report.
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C.R.P.(NPD).No.49 of 2020 & C.M.P.No.311 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2024
Coram
THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN
C.R.P.(NPD).No.49 of 2020 & C.M.P.No.311 of 2020
1.Mary
... Petitioners
-Versus-
3.The Executive Officer, Jegathala Panchayat, Aruvankadu, The Nilgiris.
Civil Revision Petition filed under Section 115 of Code of Civil Procedure to set aside the fair and decreetal order passed in I.A.No.260 of 2018 in A.S.No.24 of 2017 dated 04.10.2019 on the file of the District Judge of the Nilgiris, Uthagamandalam.
1 of 6
C.R.P.(NPD).No.49 of 2020 & C.M.P.No.311 of 2020
For Petitioners : Mr.S.Elambharathi For Respondent 2 : Mr.T.Arunkumar, Additional Government Pleader For Respondents : Mr.V.Chinnasamy 3, 7 & 8 For Respondents : No appearance 4 to 6
ORDER
This Civil Revision Petition is preferred against the order and decreetal
order passed in I.A.No.260 of 2018 in A.S.No.24 of 2017 dated 04.10.2019 on
the file of the learned District Judge of the Nilgiris at Udhagamandalam.
appointing an Advocate Commissioner to be accompanied by the Government Surveyor to make a local inspection of the property and submit a report. The said application was dismissed by the learned District Judge on the ground that an Advocate Commissioner had already visited the property on two occasions in the respective suits and they had filed reports as Ex.C1 to Ex.C4. He had further held that until the first Advocate Commissioner's report is set aside, there is no question of appointing the second Advocate Commissioner for the
same purpose.
2 of 6
C.R.P.(NPD).No.49 of 2020 & C.M.P.No.311 of 2020
property along with the surveyor, the Commissioner's report is defective.
C.R.P.(NPD).No.49 of 2020 & C.M.P.No.311 of 2020
the surveyor report from the appropriate authority, especially since in this particular case, the State of Tamil Nadu is a party defendant. If such a course of action is open to the petitioners, it is always open for them to take out an appropriate application and if the Court so feels, it can always consider the same. However, I am not inclined to appoint an Advocate Commissioner for the second time, when the first report is still on record and that too, at the appellate stage.
Consequently, connected miscellaneous petition is closed.
01.04.2024
nl
Index : yes / no Neutral Citation : yes / no Speaking / Non Speaking Order
C.R.P.(NPD).No.49 of 2020 & C.M.P.No.311 of 2020
To
The District Judge of the Nilgiris, Uthagamandalam.
C.R.P.(NPD).No.49 of 2020 & C.M.P.No.311 of 2020
V.LAKSHMINARAYANAN, J.
nl
C.R.P.(NPD). No.49 of 2020 & C.M.P.No.311 of 2020
01.04.2024
1 issue framed by the court
Can a second Advocate Commissioner be appointed at the appellate stage when the first Commissioner's report remains on record and has not been set aside?
1 provisions across 1 enactments
Mary
Xavier
Sathiavelu (Died)
The State rep. by the Collector of Nilgiris, Udhagamandalam, The Nilgiris
The Executive Officer, Jegathala Panchayat, Aruvankadu, The Nilgiris
Murugan
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
