Rani Bai Ammal v. T.Viswalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2016

CORAM

THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.R.P (PD) No.370 of 2016 and C.M.P.No.1926 of 2016 Rani Bai Ammal ... Petitioner vs.

T.Viswalingam ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order of the Additional District Munsif, Cuddalore dated 05.11.2015 made in I.A.No.629 of 2015 in O.S.No.122 of 2010.

For Petitioner : Mr.C.Prakasam

O R D E R

Learned counsel for the petitioner submits that though a prayer was made before the trial court for cancelling the report of the Advocate-Commissioner, who visited the suit property in the absence of the petitioner, he would be satisfied if he is permitted to move a fresh petition for re-issuance of the warrant to the very same AdvocateComissioner to re-visit the property after fixing a date and giving notice

of such fixation of the date to the petitioner and the opposite party, so that the inspection will be made in the presence of both the parties. With such a prayer, the learned counsel for the petitioner wants to withdraw the petition. An endorsement to that effect has been made. The endorsement is recorded. The civil revision petition is dismissed as withdrawn. The petitioner shall be at liberty to file a fresh petition for re-issuance of commission warrant to the very same Advocate-Commissioner for visiting the suit property again after giving notice to both the parties. No costs. Consequently, the connected miscellaneous petition is closed.

11.02.2016 asr To The Additional District Munsif, Cuddalore

P.R.SHIVAKUMAR, J.

asr/- C.R.P (PD) No.370 of 2016 and C.M.P.No.1926 of 2016 11.02.2016