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Madras High CourtCRP/1648/2026allowed

M.Subramani v. S.Ravikumar

2026-03-26Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.7714 of 2026

1. M.Subramani S/o Muniapillai, Andavakkam Village, Vedavakkam Post, Madurantagam Taluk, Chengalpattu district Petitioner(s) Vs

1. S.Ravikumar S/o Srinivasan Vedavakkam Post, Madurantagam Taluk, Chengalpattu district Respondent(s) PRAYER To set aside the fair and decreetal order dated 15.10.2025 passed in IA.No.08 of 2025 in OS.No.60/2022 on the file of the District Munsiff Court, Madurantagam For Petitioner(s):

K.Govi Ganesan For Respondent:

ORDER

Challenging the impugned order passed in I.A. No.8 of 2025 in O.S.No.60 of 2022, on the file of the District Munsiff Court, Madurantagam, the plaintiff has preferred this revision.

2. Before the Trial Court, the plaintiff filed an application seeking appointment of an Advocate Commissioner. The same was dismissed by the learned Trial Judge on the ground that a Commissioner cannot be appointed for the purpose of collecting evidence.

3. The facts reveal that the suit is one for bare injunction. During the pendency of the suit, the defendant is alleged to have made encroachments. In order to establish the same, the plaintiff sought appointment of an Advocate Commissioner. However, the Trial Court failed to grant such opportunity.

4. Considering the submissions, if any encroachment has been made, the plaintiff is entitled to establish the same. For that purpose, a Commissioner's report is necessary.

5. Accordingly, the impugned order passed in I.A. No.8 of 2025 in O.S.No.60 of 2022, on the file of the District Munsiff Court, Madurantagam, is set aside. The said interlocutory application is allowed, and the Trial Court is directed to appoint an Advocate Commissioner and dispose of the suit expeditiously as possible.

6. Accordingly, the Civil Revision Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs. 26-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.S.Ravikumar S/o Srinivasan Vedavakkam Post, Madurantagam Taluk, Chengalpattu district.

2.The District Munsiff, Madurantagam.

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

T.V.THAMILSELVI J.

rri 26-03-2026