Subramaniam v. Lakshmi
Case brief
What is this about?
The High Court allowed the Civil Revision Petition, setting aside the First Appellate Court's dismissal of an application for an Advocate Commissioner. It held the application was maintainable in the appeal to determine encroachment between adjacent survey numbers.
What did the court decide?
The impugned order dated October 26, 2022 is set aside; I.A.No. 1 of 2021 allowed; First Appellate Court directed to appoint an Advocate Commissioner with a qualified Surveyor.
What the court decided
CRP.No. 726 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
Civil Revision Petition No. 726 of 2023 and Civil Miscellaneous Petition No. 5626 of 2023 ---
Subramaniam …Petitioner versus 1.Lakshmi 2.Murugesan 3.Kuppusamy 4.Selvam ...Respondents
Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, praying to set aside the fair and decretal Order dated October 26, 2022 made in IA.No.1 of 2021 in A.S.No. 34 of 2021 on the file of Principal Subordinate Court, Salem.
For Petitioner : Mr.R. Subramanian For Respondents : Mr.N. Vijaya Baskar For M/s. Law Vision ----
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Issues for consideration
3 issues framed by the court
Whether an application to appoint an Advocate Commissioner under Order XXVI Rule 9 CPC is maintainable in an appeal filed at the appellate stage.
Whether the High Court can interfere with the dismissal of an interlocutory application by the First Appellate Court under Section 115 CPC.
Whether the plaintiff required an Advocate Commissioner to ascertain the location of constructions in disputed survey numbers.
Parties & counsel
- petitioner
Subramaniam
- respondent
Lakshmi
- respondent
Murugesan
- respondent
Kuppusamy
- respondent
Selvam
Case details
As recorded by the court registry
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