Madras High CourtCRP(MD)/749/2022dismissed

A.Murugan v. Theni District Rajakambalathar Aundipatti

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

C.R.P(MD).No.749 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No.749 of 2022 and CMP(MD).No.3014 of 2022 1.A.Murugan .. Petitioner 2.A.Raja 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.3 of 2021 in O.S.No.85 of 2019, on the file of the District Munsif, Aundipatti.

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

ORDER

The revision petitioners / defendants filed this revision to set aside the order, dated 10.01.2022 passed in I.A.No.3 of 2021 in O.S.No.85 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 petitioners / defendants have 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 petitioners / defendants have stated that without the presence of the revision petitioners, the Commissioner inspected the property. So, the Commissioner is https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.749 of 2022 directed to issue notice to both parties and inspect the property and file a report. If already, the revision petitioners were present at the time of 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.3 of 2021 in O.S.No.85 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.

CRP(MD).No.749 of 2022 and CMP(MD).No.3014 of 2022 05.04.2022 SVN(CO) KB(05.05.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2