Dismissed¶26

V.Selvaraj v. v.Kothandapani

Madras HC15 Dec 2025CRP/6369/2025

Case brief

AI extract

What is this about?

Madras High Court, S.Sounthar J., CRP.No.6369 of 2025 with CMP.No.31546 of 2025, V.Selvaraj vs. V.Kothandapani, G.Palani, Selvammpal and Sub Registrar Valavanur (Villupuram). Keywords: Advocate Commissioner appointment, surveyor, measurement of suit property, survey stone, declaration of title, permanent injunction, absence of averments, I.A.No.1 of 2025, O.S.No.51 of 2024, Principal District Munsif Villupuram, Article 227 Constitution of India, revision dismissed, trial court order upheld.

What did the court decide?

A perusal of the affidavit filed in support of the application shows that the petitioner gave no reason for the prayer seeking appointment of an advocate commissioner. ¶22

V.Selvaraj Vs v.Kothandapani — Writ and Judicial Review | Madras HC (2025)

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CRP.No.6369 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.12.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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CRP.No.6369 of 2025 and CMP.No.31546 of 2025

V.Selvaraj

... Petitioner

Vs.

1. V.Kothandapani

2. G.Palani

3. Selvammpal

4. The Sub Registrar Valavanur Sub Registrar Office Villupuram Taluk Villupuram District ...Respondents

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PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order dated 16.06.2025 in I.A.No.1 of 2025 in O.S.No.51 of 2024 on the file of Principal District Munsif, Villupuram.

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For Petitioner : Mr.K.Sudhakar For R4 : Mr.C.Sathish, Government Advocate (CS)

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https://www.mhc.tn.gov.in/judis

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CRP.No.6369 of 2025

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ORDER

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This Civil Revision Petition is filed challenging the order passed by the trial Court, dismissing the application field by the petitioner seeking appointment of Advocate Commissioner to measure the suit property and file a report.

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The petitioner herein filed a suit for declaration of title and permanent injunction against the respondent. Pending suit, the instant application has been filed by the petitioner seeking appointment of Advocate Commissioner to measure the property with reference to survey stone and file a report.

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A perusal of the affidavit filed in support of the petition filed by the petitioner seeking appointment of advocate commissioner would indicate that the petitioner has not given any reason for his prayer seeking appointment of advocate commissioner. In the affidavit, it was simply stated that the suit property belonged to the petitioner and the respondents attempted to interfere

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https://www.mhc.tn.gov.in/judis

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CRP.No.6369 of 2025 with his peaceful possession and enjoyment of the property and therefore he was constrained to file a suit seeking declaration of title and permanent injunction. In the absence of any averment in the application, mentioning necessity for appointment of surveyor to measure the property, the trial Court rightly dismissed the application. I do not find any error in the findings of the trial Court.

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