Madras High CourtCRP/443/2017disposed of

Rajamani v. Jayarani

2017-02-13Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2017

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA CRP PD.No.443 of 2017 and C.M.P.No.2136 of 2017

1. Rajamani

2. Shanthi .. Petitioners vs Jayarani

...Respondent

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order passed in I.A.No.327 of 2015 in I.A.No.709 of 2014 in O.S.No.180 of 2014 dated 08.12.2016 on the file of the District Munsif, Palladam.

For Petitoners : Mr.E.K.Kumaresan For Respondent : Mr.P.Saravanan

ORDER

The revision petition is filed against the order refusing to scrap the report and plan of the Advocate Commissioner and Surveyor filed in I.A.No.709 of 2014.

PUSHPA SATHYANARAYANA,J., srn 2.

Despite the Commissioner had given notice to the revision petitioners/defendants, they could not be present and sought time. However, the Commissioner along with the Surveyor, has visted the property and filed his report, which is not favourable to the defendants. Hence, the application has been filed by the defendants to scrap the report of the Commissioner. The said application was rightly dismissed by the learned trial Judge and it does not warrant any interference also. However, liberty is granted to the revision petitioners to examine the Commissioner and Surveyor and also file his objections to the report of the Commissioner. 3.

With the above observation, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 13.02.2017 srn To The District Munsif, Palladam.

CRP PD.No.443 of 2017 and C.M.P.No.2136 of 2017 http://www.judis.nic.in