S.P.Spinning Mills Private v. Johnson

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P (PD)(MD)No.1187 of 2015 and M.P(MD).No.1 of 2015 S.P.Spinning Mills Private Limited, Office at No.1, 147, 104, Kudalur Main Road, Kariyapatti-636 106 Salem District, rep. through its Managing Director P.Kanagarajan ... Petitioner Vs.

1.Johnson 2.Dhanaraj 3.David Ravi 4.Wellington 5.Sekar 6.Selvarani 7.Ponnammal 8.Polytronis Limited rep. by its Managing Director (Respondents 2 to 8 are already set exparte in the suit itself and they did not contest the above I.A and hence no separate notice is necessary in the above C.R.P) ... Respondents Prayer:

Civil Revision Petition filed under Article 227 of the Constitution of India against the Decreetal and Fair order passed by the Additional District Munsif, Valliyoor, Tirunelveli District dated 16 March 2015 made in I.A.No.83 of 2015 in O.S.No.187 of 2010 of rejecting his application filed under Order 26 Rule 9 of C.P.C to appoint an advocate commissioner for the proposed measurement in the suit property at the instance of qualified surveyor. For Petitioner : Mr.Ramakrishnan for Mr.S.Palani Velayutham

O R D E R

The first defendant in O.S.No.187 of 2010 is the petitioner in the civil revision petition.

https://hcservices.ecourts.gov.in/hcservices/

2.The first defendant filed a suit for partition in O.s.No.187 of 2010 against the petitioner and others. While so, the petitioner filed an application in I.A.No.83 of 2015 for appointment of advocate commissioner.

The petitioner wanted the advocate commissioner to measure the suit property and note down its physical features. The application was dismissed by the trial Court. Aggrieved by the said order, the unsuccessful petitioner in I.A.No.83 of 2015 is before this Court.

3.Heard the learned counsel for the petitioner. 4.The suit is one for partition. The Court has to decide as to whether the first respondent is entitled to a decree for partition. The question of allotment and other matters would be decided only during the final decree proceedings. I am therefore of the view that the learned trial Judge was perfectly correct in dismissing the application.

5.In the result, the civil revision petition is dismissed. No costs. Consequently, connected M.P.(MD) No.1 of 2015 is also dismissed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Additional District Munsif, Valliyoor, Tirunelveli District. +One cc o M/s.D.Palanivelyutham,Advocate, SR.no.33510 Arul RL/3c - 10/7/2015 C.R.P (PD)(MD)No.1187 of 2015 and M.P(MD).No.1 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 23.6.2015