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Madras High CourtCRP/887/2016disposed of

Srinivasan, v. Karunanidhi,

2016-06-01Honourable Mr Justice C. T. Selvam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.06.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM CRP (PD)No.887 of 2016 and CMP.No.4859 of 2016 Srinivasan ...

Petitioner ..Vs..

1.Karunanidhi 2.H.Rajarajan ...

Respondents Prayer:- Revision Petition is filed under Article 227 of the Constitution of India,against the Fair and Decreetal order of the III Additional District and Sessions Court, Cuddalore at Vridhachalam passed in I.A.No.782 of 2015 in O.S.No.107 of 2008 dated 08.01.2016.

For Petitioner : Mr.J.Antony Jesus

ORDER

This Revision challenges the order of learned III Additional District and Sessions Judge, Cuddalore at Virudhachalam passed in I.A.No.782 of 2015 in O.S.No.107 of 2008 on 08.01.2016, dismissing

the application filed by the petitioner, seeking appointment of Advocate Commissioner.

2.The petitioner is the fifteenth defendant in the suit in O.S.No.107 of 2008, filed by respondents seeking relief of declaration and recovery of possession. I.A.No.782 of 2015 in O.S.No.107 of 2008 has been filed by the petitioner seeking appointment of Advocate Commissioner. The Court below, under order dated 08.01.2016, dismissed the said application. The said order is under challenge in this revision petition.

3. In dismissing the application, the Court below has informed that through the appointment of Advocate Commissioner, the petitioner sought to gather evidence of his father having constructed the building 15 years ago and that it is for the petitioner to establish his case. It is further informed that though the suit is of the year 2008, wherein the plaintiffs evidence was closed and D.W.1 has been examined in chief and cross, the application seeking appointment of Advocate Commissioner belatedly has been filed. This Court finds no reason to interfere with the order under challenge.

This Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

01.06.2016 Index : Yes/No Internet: Yes/No arr To The III Additional District and Sessions Court, Cuddalore at Vridhachalam

C.T.SELVAM, J arr CRP (PD)No.887 of 2016

01.06.2016 Crl.R.C.Nos.937 and 938 of 2007

03.07.2013