Selvaraj v. Ravichandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2016

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P.(PD).No.144 of 2014 and M.P.No.1 of 2014

1. Selvaraj

2. Nagaraj ... Petitioners/Defendants .. Vs ..

Ravichandran ... Respondent/Plaintiff Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 14.08.2013 passed in I.A.No.191 of 2013 in O.S.No.122 of 2012, on the file of the District Munsif Court, Mettur.

For Petitioners : Mr.P.Jagadeesan For Respondent : Mr.C.H.Pandian - - - - -

ORDER

The Civil Revision Petition is directed against an order appointing an Advocate Commissioner in a suit filed by the plaintiff for permanent injunction. Before the revision was filed, it is stated that the Commissioner has filed interim report.

2. The contention of the learned counsel for the revision petitioners is that the Commissioner has to file her final report with the help of a Surveyor after considering the title deeds of both the parties.

3. The learned counsel for the respondent has also got no serious objection for the same.

4. In view of the above, the Commissioner appointed earlier is directed to re-visit the suit property for the purpose of filing a final

report. The Commissioner is also directed to take instructions from the respective parties or their counsel and with the assistance of Taluk Surveyor file a final report, after considering the title deeds produced by both the parties.

5. With the above directions, the Civil Revision Petition is disposed of. It is open to the parties to give appropriate instructions to the Commissioner also.

Consequently, the connected miscellaneous petition is closed. However, there shall be no order as to costs. 20.12.2016 Index : Yes/No Internet : Yes/No Jrl To The District Munsif Court, Mettur.

PUSHPA SATHYANARAYANA, J.

Jrl C.R.P.(PD).No.144 of 2014 20.12.2016 http://www.judis.nic.in