K.Pandurangan, v. P.Solochana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.06.2018

CORAM

The Hon'ble Mr.Justice P.VELMURUGAN CRP(PD)No.1568 of 2018 and C.M.P.No.8453 of 2018 K.Pandurangan ..

Petitioner vs.

P.Sulochana .. Respondent Civil Revision Petition filed under Article 227 of the Constitution of India Section 115 of CPC, to set aside the fair and decreetal order dated 06.02.2018 made in I.A.No.1068 of 2017 in O.S.No.423 of 2014 on the file of the Principal District Munsif Court, Tiruppur. For Petitioner ... Mr.S.Janarthanam

O R D E R

The Civil Revision Petition has been filed by the petitioner against the order dated 06.02.2018 passed in I.A.No.1068 of 2017 in O.S.No.423 of 2014 on the file of the Principal District Munsif Court, Tiruppur.

2.The petitioner herein is the plaintiff and the respondent herein is the defendant.

3.The brief facts of the case are as follows: The petitioner filed a suit in O.S.No.423 of 2014 seeking for the relief of specific performance on the file of the District Munsif Court, Poonamallee. When the matter is pending, the petitioner filed an application in I.A.No.1068 of 2017 under Order 26 Rule 9 of C.P.C. to appoint an Advocate Commissioner to measure the suit property. The learned trial Judge, after considering the submissions of the learned counsel for both sides and also considering the facts and circumstances of the case, dismissed the said application by order dated 06.02.2018. Aggrieved by the said order, the present civil revision petition has been filed.

4.The learned counsel for the petitioner/plaintiff submitted that there is a difference in the measurement of land between the sale agreement and the actual sale. Hence, the petitioner filed I.A.No.1068 of 2017 to appoint an Advocate Commissioner to inspect the suit property and measure the same and ascertain the physical features of the vacant land comprised in S.No.196/2A/2A at No.5, Vilinjiyampakkam Village, Poonamallee Revenue Taluk. The learned Judge, without considering the case of the petitioner, erroneously dismissed the application. Hence, the impugned order passed by the Court below is liable to be set aside.

5.Heard the learned counsel for the petitioner and perused the materials available on record.

6.It is an admitted fact that the suit is filed for specific performance and the suit property is a vacant land. Therefore, there is no necessity to measure the land and no Advocate Commissioner need to be appointed. Moreover, the contention of the petitioner that there is a difference between the suit land mentioned in the suit property and in the sale agreement is not acceptable and there is no merit in the Civil Revision Petition. There is no illegality or infirmity in the order passed by the Court below warranting interference. In the result, the Civil Revision Petition is dismissed. No costs. Consequently connected miscellaneous petition is closed. 04.06.2018 Index:Yes/No Speaking Order:Yes/No cla To The Principal District Munsif, Ponnamallee

P.VELMURUGAN.J, cla .

CRP(PD).No.1568 of 2018 and C.M.P.No.8453 of 2018 04.06.2018