V.Selvaraj v. V.Kothandapani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CRP.No.6369 of 2025 and CMP.No.31546 of 2025 V.Selvaraj ... Petitioner Vs.

1. V.Kothandapani

2. G.Palani

3. Selvammpal

4. The Sub Registrar Valavanur Sub Registrar Office Villupuram Taluk Villupuram District

...Respondents

PRAYER :Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the order dated 16.06.2025 in I.A.No.1 of 2025 in O.S.No.51 of 2024 on the file of Principal District Munsif, Villupuram. For Petitioner : Mr.K.Sudhakar For R4 : Mr.C.Sathish, Government Advocate (CS) 1/4

ORDER

This Civil Revision Petition is filed challenging the order passed by the trial Court, dismissing the application field by the petitioner seeking appointment of Advocate Commissioner to measure the suit property and file a report.

2. The petitioner herein filed a suit for declaration of title and permanent injunction against the respondent. Pending suit, the instant application has been filed by the petitioner seeking appointment of Advocate Commissioner to measure the property with reference to survey stone and file a report.

3. A perusal of the affidavit filed in support of the petition filed by the petitioner seeking appointment of advocate commissioner would indicate that the petitioner has not given any reason for his prayer seeking appointment of advocate commissioner. In the affidavit, it was simply stated that the suit property belonged to the petitioner and the respondents attempted to interfere 2/4

with his peaceful possession and enjoyment of the property and therefore he was constrained to file a suit seeking declaration of title and permanent injunction. In the absence of any averment in the application, mentioning necessity for appointment of surveyor to measure the property, the trial Court rightly dismissed the application. I do not find any error in the findings of the trial Court.

4. Accordingly, this Civil Revision Petition is dismissed. Consequently connected miscellaneous petition is closed. There shall be no order as to costs.

15.12.2025 Index : Yes / No Internet : Yes / No MST/shl To The Principal District Munsif, Villupuram 3/4

S.SOUNTHAR , J.

MST/shl 15.12.2025 4/4