Madras High CourtCRP/4105/2015disposed of

Rathinapangi, v. S.G.Metha,W/O.Shafiulla,

2019-12-12Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2019

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN and M.P. 1 of 2015

1. C.Rathinapangi

2. C.Govindan

3. R.Rajeswari

4. D.Jayalakshmi

5. D.Anusha ... Petitioners

Versus

1. S.G.Metha rep. by Power Agent K.Ghouse @ Ghouse Mian

2. C.Velmurugan

3. D.Sathiskumar ... Respondents PRAYER :Civil Revision Petition is filed under Art. 227 of Constitution of India, praying to set aside the fair and decreetal order of learned Principal District Judge of Cuddalore allowing I.A. 449 of 2014 in O.S. No.159 of 2011 by order dated 11.06.2015.

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For Petitioners : Mr.R.Gururaj For respondents : No appearance

O R D E R

This Civil Revision Petition has been directed to be filed against the order allowing the application filed by the respondents/plaintiffs to appoint an Advocate Commissioner to inspect the suit properties, measure the property with the help of Surveyor and file a report.

2. Earlier, notice ordered to the respondents. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioners would submit that, pending Civil Revision Petition, the Advocate Commissioner has inspected the property, and filed his report. The petitioners have also filed their objections for the report, and the suit is posted for trial. Hence, this Civil Revision Petition may be disposed of with a liberty to the petitioners to file their objection, and the Trial Court may be directed to consider the objection for disposal of the suit.

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3. I have heard and considered submissions made by learned counsel appearing for petitioners and perused the records carefully.

4. Considering the limited prayer sought by the petitioners, this Civil Revision Petition stands disposed of with a direction to the petitioners to file their objections to the report. On filing such objections, the Trial Court is directed to consider the objections and dispose the suit in accordance with law. No costs. Consequently, the connected Miscellaneous Petition in M.P. 1 of 2015 is closed.

12.12.2019 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp To Principal District Judge, Cuddalore.

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V.BHARATHIDASAN,J.

rpp and M.P. 1 of 2015 12.12.2019 4/4