Madras High CourtCRP(MD)/746/2022dismissed

P. Singaraj v. Theni District Rajakambalathar Aundipatti

2022-04-05Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.746 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No.746 of 2022 and CMP(MD).No.3010 of 2022 P.Singaraj .. Petitioner Vs.

Theni District Raja Kambalathar Aundipatti, Malai Kovil Sangam, Through its president T.Navaneethakrishan .. Respondent Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order, dated 10.01.2022 passed in I.A.No.5 of 2021 in O.S.No.80 of 2019, on the file of the District Munsif, Aundipatti.

For Petitioner : Mr.S. Alagarsamy For Respondent : Mr. M.Prabu

ORDER

The revision petitioner / defendant filed this revision to set aside the order, dated 10.01.2022 passed in I.A.No.5 of 2021 in O.S.No.80 of 2019, on the file of the District Munsif, Aundipatti.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The respondent / plaintiff has filed the said suit for recovery of possession and injunction. The revision petitioner / defendant has also contended that the title of the property is in dispute. But, for recovery of possession, the measurement of the alleged encroachment can be decided only by the Advocate Commissioner. The trial Court has allowed the commission petition filed by the respondent / plaintiff and appointed the Advocate Commissioner to inspect the property with the help of Village Administrative Officer and Surveyor.

4. Now, the revision petitioner / defendant has stated that without the presence of the revision petitioner, the Commissioner inspected the property. So, the Commissioner is directed to issue notice to both parties and inspect the property and file a report. If already, the revision petitioner was present at the time of https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.746 of 2022 inspection, the Commissioner need not visit again and he can file a report.

5. With this observation, this Civil Revision Petition is dismissed by confirming the order, dated 10.01.2022 passed in I.A.No.5 of 2021 in O.S.No.80 of 2019, on the file of the District Munsif, Aundipatti. No costs.

Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) To The District Munsif, Aundipatti.

+1 CC to M/s.M. PRABU, Advocate ( SR-17279[F] dated 07/04/2022 ) CRP(MD).No.746 of 2022 and CMP(MD).No.3010 of 2022 05.04.2022 SVN(CO) KB(05.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2