M.Indirani v. P.Narayanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14/2/2025 C O R A M The Hon'ble Ms.JUSTICE P.T.ASHA a n d C.M.P.No.3071 of 2025 M. Indirani ...

Petitioner Vs P. Narayanan ...

Respondent Petition filed under Article 227 of the Constitution of India against the fair and final order dated 26/11/2024 passed in I.A.No.281 of 2024 in O.S.No.34 of 2024 on the fie of the Principal District Munsif Court, Kallakurichi.

For petitioner ...

Mr.S.Kaithamalai Kumaran - - - - -

O R D E R

Challenging the appointment of Advocate Commissioner in a suit for declaration and injunction, petitioner/defendant is before this Court. 1/4

2. A perusal of the pleadings would indicate that the plaintiff would state that a cart track is in existence and the same is denied by the defendant. Therefore, in order to ascertain the true state of the property, respondent had filed I.A.No.281 of 2024 for appointment of an Advocate Commissioner to note down the existence of the cart track. Accordingly, vide, impugned order dated 26/11/2024, the learned Principal District Munsif, Kallakurichi stated that identification of cart track is very material to decide the case on hand and hence, appointed the Advocate Commissioner and directed to take assistance of a Surveyor and measure the cart track and submit his report.

3. Since the dispute is with reference to the existence or otherwise of the cart track, this Civil Revision Petition is disposed of, with a direction to the Advocate Commissioner to note down the existence of cart track and submit his report and plan. No costs. Consequently, the connected Miscellaneous Petition is closed.

14/2/2025 mvs.

2/4

Index: Yes/No To The Principal District Munsif, Kallakurichi.

3/4

P.T.ASHA,J mvs.

14/2/2025 4/4