M.Palanisamy v. The Metropolitan Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2019

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.R.P.(PD).No.1857 of 2014 and M.P.No.1 of 2014 M.Palanisamy ... Petitioner Vs.

The Metropolitan Transport Corporation, rep. by its Managing Director, having office at Pallavan House, Annasalai, Chennai -2.

... Respondent Prayer: Civil Revision petition is filed under Article 227 of Constitution of India, to set aside the order and decretal order made in I.A.No.1064 of 2013 in O.S.No.96 of 2011 on the file of the Additional District Munsif, Poonamallee.

For Petitioner : Mr.V.Bhiman For Respondent : Mr.M.Chidambaram

O R D E R

The present Civil Revision Petition is filed against the fair and decretal order dated 04.01.2014 in I.A.No.1064 of 2013 in O.S.No.96 of 2011 passed by the Additional District Munsif Court, Poonamallee.

2.By the impugned order, the court below has dismissed the application filed under Order 26 Rule 9 and Section 151 CPC, to appoint an Advocate Commissioner to inspect the suit property to note the physical features in the light of the sketch filed as Document No.8 with plaint and to file a report with sketch. 3.The learned counsel for the respondent submits that on the suit property Poonamallee Bus Stand has came up and therefore this present Civil Revision Petition has became infructuous. 4.The learned counsel for the petitioner also confirms this position.

5.In view of the same, the present Civil Revision Petition is dismissed as infructuous. The petitioner is however given liberty to work out their remedy in accordance with law. No costs. Consequently, connected Miscellaneous Petition is closed. 29.03.2019 Index:Yes/No Internet :Yes/No jen

To 1.The Additional District Munsif, Poonamallee.

2.The Section Officer, V.R.Section, High Court, Madras.

C.SARAVANAN, J.

jen C.R.P.(PD).No.1857 of 2014 and M.P.No.1 of 2014 29.03.2019