Sekar v. Krishnan S/O Ponnusamy Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP.No.1596 of 2019 and CMP.No.10448 of 2019 1.Sekar 2.Parimala 3.Tamilarasan 4.Kalaiyarasan ..Petitioners Vs.

1.Krishnan 2.Kalaivani ..Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order in I.A.No.254 of 2016 in O.S.No.78 of 2016 on the file of the District Munsif Court, Uthangarai, Krishnagiri District dated 05.03.2019.

For Petitioners : Mr.K.Subramaniam For Respondents : No appearance

ORDER

The civil revision petition has been filed as against the fair and decreetal order dated 05.03.2019 passed in I.A.No.254 of 2016 in O.S.No.78 of 2016 on the file of the District Munsif Court, Uthangarai, Krishnagiri District, thereby allowing the petition for appoint of an Advocate Commissioner. 1/3

2. The petitioners are defendants in the suit filed by the respondents for claiming easementary by grant and also permanent injunction in respect of the car track in the suit property. Pending the suit, the respondent filed an application for appointment of an Advocate Commissioner to note down the physical features of the suit property.

3. On perusal of records revealed that the Advocate Commissioner was appointed for the reason to note down the physical features of the suit property with the help of Village Administrative Officer and Surveyor and submit the report. It would be useful for the trial Court to dispose of the suit. Therefore, this Court finds no infirmity or illegality in the orders passed by the Court below.

4. 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 2/3

G.K.ILANTHIRAIYAN.

J, ata To The District Munsif Court, Uthangarai, Krishnagiri District.

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