Latha v. B.Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP No.16930 of 2019 Latha ....
Petitioner Vs
1. B.Ramesh
2. The Managing Director, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.
3. The Commissioner, Corporation of Chennai, Chennai - 600 003.
....
Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 20.06.2019 in I.A.No.1 of 2019 in O.S.No.5402 of 2016 on the file of the XV Assistant City Civil Court, Chennai.
For Petitioner : No appearance 1/4
ORDER
This Civil Revision Petition has been filed to set aside the fair and decreetal order dated 20.06.2019 in I.A.No.1 of 2019 in O.S.No.5402 of 2016 on the file of the XV Assistant City Civil Court, Chennai, thereby dismissing the application seeking appointment of Advocate Commissioner.
2. The petitioner is the plaintiff and the respondents are defendants. The petitioner filed a suit for permanent injunction. Pending suit, the petitioner filed an application seeking appointment of Advocate Commissioner to inspect the suit property and note down the physical features of the same. In the suit for injunction, the petitioner ought to have proved her case by production of evidence. The appointment of Advocate Commissioner in the suit for permanent injunction is nothing but collection of evidence. Therefore, the Court below rightly dismissed the application.
3. In view of the above, this Court finds no infirmity or illegality in the order dated 20.06.2019 in I.A.No.1 of 2019 in O.S.No.5402 of 2016 on the file of the XV Assistant City Civil Court, Chennai. Accordingly, this 2/4
Civil Revision Petition stands dismissed. Consequently, connected miscellaneous petition is closed. No costs.
23.12.2022 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Lpp To The XV Assistant Judge, City Civil Court, Chennai.
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G.K.ILANTHIRAIYAN.J, Lpp and CMP No.16930 of 2019 23.12.2022 4/4