S.Romit Sharma v. S.Velusamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-03-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.6319 of 2026

1. S.Romit Sharma S/o Sathis Sharma, Res at Plot No.A604, Chettinadu Burkandy Apartment, GRG Nagar, VGP Road, Peelamedu, Coimbatore 641 004 Petitioner(s) Vs

1. S.Velusamy S/o Subbaiya Gounder, No.3/69B, Merkku Thottam, Sadayachettipalayam, Varapatti Village, Sulur Taluk, Coimbatore 641 669 2.V.Meganathan S/o Velusamy Gounder, No.2/69B, Merkku Thottam, Sadayachettipalayam, Varapatti Village, Sulur Taluk, Coimbatore 641 669 Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India, prays to set aside the fair and decreetal order dated 18.12.2025 passed in IA.No.3 of 2025 in OS.No.56 of 2025 on the file of District Munsif Court, Sulur, Coimbatore District.

For Petitioner(s):

Mr.K.Vasanthanayagan For Respondent(s):

ORDER

The petitioner has filed this petition to set aside the fair and decreetal order dated 18.12.2025 passed in I.A.No.3 of 2025 in O.S.No.56 of 2025 on the file of District Munsif Court, Sulur, Coimbatore District.

2. The learned counsel for the petitioner submitted that before the trial Court, the petitioner, as plaintiff, filed an application seeking appointment of an Advocate Commissioner to note down the physical features of the property with the assistance of a surveyor, but the same was dismissed by the trial Court on the ground that a Commissioner cannot be appointed for the purpose of collecting evidence. Aggrieved by the same, the present revision has been filed. The learned counsel further submitted that the suit is for bare injunction, but there is dispute regarding the identity and physical features of the property, and therefore the petitioner seeks to prove the same by comparing the sale deed with the actual physical features. For that purpose, appointment of an Advocate Commissioner is necessary.

3. Considering the said submission, this Court is inclined to give an opportunity to the petitioner to prove the case in all aspects before the trial Court. The findings of the learned trial Judge in I.A.No.3 of 2025 in O.S.No.56 of 2025, on the file of the District Munsif Court, Sulur, Coimbatore District, are

set aside.

4. Accordingly, the Civil Revision Case is allowed. Consequently, the miscellaneous petition is closed. No Costs.

5. The learned trial Judge is directed to dispose of the case as expeditiously as possible.

13-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To

1. The District Munsif, Sulur, Coimbatore District.

2.The Section Officer, VR Section, High Court of Madras.

T.V.THAMILSELVI J.

rri 13-03-2026