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Madras High CourtCRP/553/2026dismissed

Sannasi, v. Panneerselvam,

2026-02-09Honourable Mr.Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MR.JUSTICE S. SOUNTHAR C.R.P.No.553 of 2026 Sannasi ..Petitioner(s) Vs Panneerselvam ..Respondent(s) Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to call for the records in I.A.No.203 of 2024 in O.S.No.68 of 2024, dated 22.07.2025, on the file of Additional District Munsiff Court, Tittagudi, Cuddalore District, and set aside the same and allow the application by allowing this C.R.P. and pass such other or further orders as this Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner(s):

M/s.G.Selvi George

ORDER

The Civil Revision Petition is filed challenging the order passed by the trial Court dismissing the application filed by the petitioner seeking appointment of Advocate Commissioner to measure the suit property and note down the physical features.

2.The petitioner herein filed a suit for declaration of title and recovery of possession in respect of the suit schedule property. According to the petitioner he purchased the entire A schedule property from one Periyasamy vide sale deed dated 07.02.2013. It is further stated that the respondent / defendant encroached portion of the property purchased by the petitioner and the said portion is shown as B schedule property. The respondent herein filed written statement and resisted the suit on the ground that the subject property was purchased by respondent's wife Mageshwari from Periyasamy under registered sale deed dated 17.02.2012. Therefore, there is serious dispute with regard to the title of the respective parties as both of them claimed that they purchased property from Periyasamy.

The main dispute in this suit is with regard to the title of the parties. The same shall be resolved only based on the documentary evidence to be produced before the Court. The report of the Advocate Commissioner based on local inspection is not going to help the Court to decide the dispute with regard to the title. Therefore, the petitioner has not made out any case to interfere with the order of the trial Court. Accordingly, the Civil Revision Petition stands dismissed. No costs.

To:- The Additional District Munsif Court, Thittakudi.

S.SOUNTHAR, J.

ep 09-02-2026