R.Duraisamy v. R.Mohan Raj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP.No.2161 of 2019 and CMP.No.13969 of 2019 R.Duraisamy ..Petitioner Vs.

1.R.Mohanraj 2.Unnamalai ..Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 20.02.2019 passed in I.A.No.368 of 2018 in O.S.No.182 of 2018 on the file of the I Additional District Munsif, Salem and allow the revision.

For Petitioner : Mr.S.Kalayanaraman For Respondents : Mr.N.Vijayabaskar for M/s.Law Vision

ORDER

The civil revision petition has been filed as against the fair and decreetal order dated 20.02.2019 passed in I.A.No.368 of 2018 in O.S.No.182 of 2018 on the file of the I Additional District Munsif, Salem, thereby dismissing the application filed for appointment of an Advocate Commissioner. 1/3

2. The petitioner is the plaintiff. He filed a suit for permanent injunction. In the suit for permanent injunction, the petitioner cannot maintain the application for appointment of Advocate Commissioner to note down the physical features of the suit property since it is nothing amount to collection of evidence. Hence the Court below rightly dismissed the petition and this Court finds no infirmity or illegality in the orders passed by the Court below.

3. In view of the above, the civil revision petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 09.12.2022 Speaking/Non-speaking order Index : Yes/No ata To The I Additional District Munsif, Salem.

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G.K.ILANTHIRAIYAN.

J, ata CRP.No.2161 of 2019 09.12.2022 3/3