A.Kamaldeen v. Shakul Hameed

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2020

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN A.Kamaludeen ... Petitioner

Versus

1. M.Shakul Hameed

2. S.Sabitha Begam ... Respondents PRAYER :Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 22.11.2018 in I.A. 245 of 2018 in O.S. 43 of 2017 on the file of District Munsif cum Judicial Magistrate, Needamangalam.

For Petitioner : Mr.D.Padmanabhan

O R D E R

This Civil Revision Petition has been filed against the order dismissing the petitioner's application to appoint an advocate commissioner to measure fourth item in the suit schedule property with the help of surveyor.

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2. The petitioner is the plaintiff. He has filed a suit for mandatory injunction to remove the construction put up in the fourth item of suit schedule property, and restore it to its original position. In the above suit, the petitioner has filed an application to appoint an advocate commissioner to measure fourth item of suit schedule property with the help of surveyor. That application has been dismissed by the Trial Court. Challenging the same, the present Civil Revision Petition has been filed.

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

4. The suit has been filed for mandatory injunction, to demolish the construction put up in item No.4 of suit schedule property, which is extracted hereunder :- "g/g[y vz;/165gp-4V. g[/g[y vz;/216-23y; mike;Js;s bghJ g[Hf;fk; cs;s bjUj;jpz;iz ehd;bfy;iy fPHj;bjUtpw;F nkw;F. fjt[ vz;/3-77 vz; bfhz;l gpujpthjp tPl;ow;F fpHf;F. bjw;F. bghJ g[Hf;f re;jpw;F tlf;F ,jw;Fl;gl;l 12 mo ePsk; 5 mo mfyk; cs;s 60 rJuo tp!;jPuzKila bghJ bjUj;jpz;iz "

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In the suit, the petitioner has specifically given the exact extent of the property in the schedule of property. Hence, there is no dispute regarding identity of the property. That being so, there is no need to appoint an advocate commissioner to measure the property with the help of Surveyor, and only to drag on the proceedings, the petitioner has filed the above application. The Trial Court, after considering the above materials, has rightly dismissed the application. I also gone through the entire materials available on record, I find no illegality or irregularity in the order passed by the court below and I find no merit in this Civil Revision Petition. Accordingly, this Civil Revision Petition stands dismissed. No costs.

03.02.2020 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp To District Munsif cum Judicial Magistrate, Needamangalam.

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V.BHARATHIDASAN,J.

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