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Madras High CourtCRP/1447/2017disposed of

Tmt.Thilaikarasi v. Mr.Kasirajan

2017-04-18Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.1447 of 2017 & C.M.P.No.6743 of 2017 Thilaikarasi Rep. by its power agent Mr.K.Ganesan .. Petitioner Vs.

Kasirajan .. Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 21.12.2016 made in I.A.No.1329 of 2013 in O.S.No.1058 of 2007 on the file of I Additional District Munsif Court, Salem. For Petitioner : Mr.M.Vivekanandan

ORDER

This Civil Revision Petition has been filed against the fair and decreetal order dated 21.12.2016 made in I.A.No.1329 of 2013 in O.S.No.1058 of 2007 on the file of I Additional District Munsif Court, Salem allowing the application for appointment of Advocate Commissioner.

2. The petitioner is the plaintiff and the respondent is the third defendant in O.S.No.1058 of 2007. The third defendant has filed I.A.No.1329 of 2013 for appointment of an Advocate Commissioner to note down the physical features of the suit property and the said application was allowed on 21.12.2016. Though the petitioner has challenged the order appointing Advocate Commissioner, when the matter is taken up for admission, learned counsel for the petitioner made an endorsement to the effect that he restricted his relief only for speedy disposal of the suit in O.S.No.1058 of 2007.

3. Heard the learned counsel appearing for the petitioner.

4. Recording the endorsement so made by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the matter, I direct the learned I Additional District Munsif, Salem, to dispose of the suit in O.S.No.1058 of 2007, on merits and in accordance with law, as expeditiously as possible and in any event, not later than 30.09.2017. As the Advocate Commissioner has not filed his report, the learned trial Judge is directed to give a direction to the Advocate Commissioner

to file his report within a period of four weeks from the date of receipt of a copy of this order.

5. The Civil Revision Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

18.04.2017 Index:Yes/No Note:Registry to issue order copy on 19.04.2017.

To I Additional District Munsif, Salem.

V.M.VELUMANI,J.

kj C.R.P.(PD)No.1447 of 2017 & C.M.P.No.6743 of 2017 18.04.2017 http://www.judis.nic.in