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Madras High CourtCRP/2627/2018disposed of

R.Manogaran v. Kuppan

2019-02-21Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2019

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P.(PD).No.2627 of 2018 and C.M.P.No.15755 of 2018 R.Manogaran

...Petitioner/1st respondent

/1st defendant -vs1.Kuppan ...1st respondent/petitioner/plaintiff 2.P.Krishnamurthy 3.S.Thanraj 4.G.Thulasi

...Respondents 2 to 4/Respondents 2 to 4

Defendants 2 to 4 PRAYER:

Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 14.06.2018 made in I.A.No.1305 of 2017 in O.S.No.141 of 2015 on the file of the learned II Additional District Judge at Puducherry and allow this Civil Revision Petition.

For Petitioner :

Mr.S.Satish For Respondents :

Mr.V.Karunakaran for R1 No Appearance for R2 to R4 ****

O R D E R

The above Civil Revision Petition is filed challenging the order passed in I.A.No.1305 of 2017 in O.S.No.141 of 2015 on the file of the learned II Additional District Judge, Puducherry, which is an application filed by the plaintiff to appoint an Advocate Commissioner to locate the suit property and to measure the plaint "A" schedule mentioned property on the basis of the plaintiff's documents and demarcate the encroached portion of 600 sq.ft., (East to West 10 ft., and North to South 60 ft.,) in plot No.18 specifically the plaint "B" schedule mentioned property with the help of authorized Government Surveyor from Land and Settlement Office, Puducherry. The 1st defendant has come by way of revision, challenging this order.

2.Today, when the matter was taken up, both the counsel have agreed that the Advocate Commissioner shall be permitted to inspect the suit property and the property of the defendants to measure both the properties on the basis of the respective title documents and to submit his report.

Accordingly, this Civil Revision Petition is disposed of and the Advocate Commissioner shall submit his report within a period of four weeks from the date of receipt of a copy of this Order. Consequently, connected miscellaneous petition is closed. No costs. 21.02.2019 Index : Yes/No mps/rna To The II Additional District Judge, Puducherry.

P.T.ASHA.J.,

mps/rna C.R.P.(PD).No.2627 of 2018 and C.M.P.No.15755 of 2018 21.02.2019