Defendants sought re-issue of an Advocate Commissioner's warrant to record pipelines on the suit cart track in an injunction suit. The High Court noted the Commissioner had twice visited the property and his second report already recorded the pipelines of both parties, and dismissed the revision petition.
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C.R..P.No.699 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.08.2024
CORAM
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI
C.R.P.No.699 of 2023
and C.M.P.No.5496 of 2023
vs.
Kannupaiyan @ Arthanari ... Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the Fair and Final Order dated 13.12.2022 made in I.A.No.2 of 2022 in O.S.No.153 of 2018 on the file of the District Munsif Court, Bhavani.
For Petitioners : Mr.R.Prabakar For Respondent : Mr.V.Vijaykumar
ORDER
This Civil Revision Petition is filed by the defendants against the
order passed in I.A.NO.2 of 2022 dated 13.12.2022 in O.S.No.153 of 2018
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C.R..P.No.699 of 2023
on the file of the District Munsif Court, Bhavani.
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C.R..P.No.699 of 2023
Commissioner has twice visited the suit property and filed his reports. In the second report, he has specifically stated that the plaintiff and the defendants have laid pipelines and it is shown as 'x' and 'y' in the rough sketch.
same Advocate Commissioner ordering him to note down about the pipelines. When, the aforesaid details are found in the second report filed by the Advocate Commissioner, it should not lie in the mouth of the revision
petitioners to re-issue the warrant to the same Advocate Commissioner.
07.08.2024
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No ssa
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C.R..P.No.699 of 2023
R.KALAIMATHI, J. ssa
C.R.P.No.699 of 2023 and C.M.P.No.5496 of 2023
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C.R..P.No.699 of 2023
07.08.2024
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1 issue framed by the court
Whether the trial court erred in refusing to re-issue a warrant to the Advocate Commissioner to note down pipelines when his second report already recorded them.
2 provisions across 2 enactments
Ayyammal
Premelatha
Pavithiran
Kannupaiyan @ Arthanari
R.Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
