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Madras High CourtCRP/3660/2026disposed of

Ayyandurai v. Venkatachalam

2026-06-30Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2026

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI

1. Ayyandurai

2. Kathalingam

3. Murugan

4. Marimuthu ..Petitioner(s) Vs

1. Venkatachalam

2. Ayyappan

3. Murugan

4. Sundari

5. Senthil

6. Jeyavel

7. Rathnavel ..Respondent(s) PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif, Mettur to pass final orders in the application IA No. 1 of 2025 for appointment of Advocate Commissioner to note down the physical features of the suit property in O.S No. 75 of 2025 on the file of the District Munsif Court, Mettur. For Petitioner(s):

Mr.D.Shivakumaran Order The revision has been filed to direct the learned District Munsif, to pass final orders in the Application in I.A. No.1 of 2025 for appointment of Advocate Commissioner to note down the physical features of the suit property

in O.S. No.75 of 2025 on the file of the District Munsif Court, Mettur within the time-frame as may be stipulated by this Court. 2.Heard Mr.D.Shivakumaran, learned counsel for the petitioner.

3. According to the learned counsel for the petitioner the rival parties have filed a suit for injunction where a Commissioner has already been appointed and a report available. The grievance of the learned counsel for the petitioner is that the Court should not be prejudiced by the report of the earlier Advocate Commissioner, since according to the learned counsel for the petitioner, the said Advocate Commissioner did not even visit the property and filed a report without carrying out any inspection.

4. However considering the limited scope of the revision, I am inclined to direct the learned District Munsif, Mettur to dispose of I.A. No.1 of 2025 on merits and in accordance with law without rejecting the same, solely on the ground that there has been a Commissioner already appointed in the other suit. The said Application shall be disposed of within a period of four (4) weeks.

5. With the above directions, this Civil Revision Petition is disposed of. No costs.

30-06-2026 Index: Yes/No Speaking/Non-speaking order RKP To The District Munsif, Mettur.

P.B.BALAJI J.

RKP 30-06-2026