C.Ganesan v. Sudha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2019 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ AND CMP NOS.5367 AND 9010 OF 2019 1.C.Ganesan 2.Chinnaya Gounder 3.Tamilarasi 4.Balamurugan ... Petitioners Vs.

1.Sudha 2.Kaviasaran ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to set aside the docket order dated 21.02.2019 passed in I.A.No.153 of 2019 in O.S.No.54 of 2019 on the file of the District Munsif Court, Vanur.

For Petitioner :

Mr.Govind Chandrasekhar 1/4

O R D E R

The petitioner challenges the appointment of Advocate Commissioner to inspect the property without notice to him. According to the petitioner, the exparte order appointing an Advocate Commissioner is not sustainable in law.

2. Heard the submissions made by the learned counsel for the petitioner.

3. Considering the subject matter and facts and circumstances of the case, this Court is of the firm view that appointment of Advocate Commissioner would serve the purpose. Accordingly, Mr.D.Selvaraju, Advocate, having office at No.303, New Law Chambers, High Court, Chennai - 600 104, Mobile no. 9444088288 is appointed as an Advocate Commissioner to inspect the schedule mentioned property and mark the boundaries by metes and bounds and file a report before the Trial Court within a period of four weeks from the date of receipt of a copy of this order. He shall be paid 2/4

an initial remuneration of Rs.50,000/- (Rupees Fifty Thousand only). The expenses towards his travel and stay shall be defrayed by the petitioner.

4. The Civil Revision Petition is disposed of with the above observation and direction. No costs. Consequently, connected civil miscellaneous petitions are closed.

30.08.2019 Index : Yes/No Internet : Yes/No TK Note:

1) Issue warrant of commission on payment of necessary batta. ii) Issue order copy on To The District Munsif Vanur.

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M.GOVINDARAJ, J.

TK 30.08.2019 4/4