Revision against dismissal of an application for appointment of a Commissioner to identify the suit property and its extent. The High Court held identity and extent were matters for trial, dismissed the petition but granted liberty to move afresh for Commissioner appointment if the dispute arises during trial.
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.
CRP(MD).No.238 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.03.2024
CORAM :
THE HON'BLE MR JUSTICE G.ILANGOVAN
CRP(MD).No.238 of 2024 and CMP(MD).No.1038 of 2024
Rajeswari ... Petitioner
Vs.
1.Dhanalakshmi 2.Naryanan 3.Balasubramanian
4.Poovayee
5.The District Collector, Trichy District, Trichy.
6.The Tahsildar, Manachanallur Taluk, Trichy District.
7.The Sub Registrar, Sub Register Office, Mannachanallur, Trichy District.
... Respondents
PRAYER:- Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in I.A.No.3 of 2020 in O.S.No.249 of 2020 on the file of the District Munsif Court, Lalgudi, dated
CRP(MD).No.238 of 2024
23.03.2023.
For Petitioner : Mr. T. Leninkumar For R2 to R4 : Ms.K. Vidya For R5 to R7 : Mr.J. Ashok Additional Government Pleader
O R D E R
This Civil Revision Petition has been filed against the fair and
decreetal order, dated 23.03.2023 passed in I.A.No.3 of 2020 in O.S.No. 249 of 2020 on the file of the District Munsif Court, Lalgudi,
submitted that while purchasing the suit property the four boundaries and the extent of property mentioned by the seller is not proper. Based upon the above said document, the first respondent now sold the property to the rest of the respondents. Hence, in order to identify the property, the appointment of Commissioner is necessary.
CRP(MD).No.238 of 2024
stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
26.03.2024
Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp
CRP(MD).No.238 of 2024
To
The District Munsif Court, Lalgudi,
CRP(MD).No.238 of 2024
G.ILANGOVAN,J.
Trp
CRP(MD).No.238 of 2024 and CMP(MD).No.1038 of 2024
26.03.2024
1 issue framed by the court
Whether the trial court rightly refused to appoint an Advocate Commissioner to identify the suit property and its extent.
1 provisions across 1 enactments
Rajeswari
Dhanalakshmi
Naryanan
Balasubramanian
Poovayee
The District Collector, Trichy District, Trichy
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
