Veerappan, v. Sivakami,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(PD).No.3974 of 2015 and M.P.No.1 of 2015 Veerappan ..Petitioner Vs.

1.Sivakami 2.Venkatachalam 3.Palanisamy 4.Venkatachalam 5.Palanisamy 6.Rathinavel ..Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 06.08.2015 in I.A.No.763 of 2014 in O.S.No.159 of 2014 on the file of the District Munsif Court at Mettur.

For Petitioner : Mr.V.Sekar For Respondent : Mr.M.R.Jothimanian for R1 to R3 R4 - Given up R5 to R6 - No appearance 1/4

O R D E R

This Civil Revision Petition is directed as against the fair and decreetal order dated 06.08.2015 in I.A.No.763 of 2014 in O.S.No.159 of 2014 on the file of the District Munsif Court at Mettur, thereby allowed the petition for appointment of advocate commissioner.

2. Now the counsel for the respondent/ plaintiff submitted that after appointment of Advocate Commissioner, the Advocate Commissioner inspected the suit property and also filed a report. The said report is also marked before the trial court as Ex.C1 to Ex.C3, therefore nothing survives in this Civil Revision Petition.

3. However, the counsel for the petitioner would submit that he may be given liberty to raise objection against the Advocate Commissioner report before the trial court.

4. Hence, this Civil Revision Petition is dismissed as having become infructuous. No costs. Consequently, the connected miscellaneous petition is closed. Considering the above submission made by the counsel for the petitioner, the petitioner is at liberty to raise objection over the Advocate 2/4

Commissioner report in the manner known to law. 07.01.2021 dsa Speaking/Non-speaking order Index : Yes/No Internet : Yes/No To The District Munsif, Mettur.

3/4

G.K.ILANTHIRAIYAN,J.

dsa C.R.P.(PD).No.3974 of 2015 07.01.2021 4/4