Madras High CourtCRP(MD)/2619/2014dismissed

Sevugan v. Jeyaprakash

2015-01-08Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 8/1/2015 C O R A M THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P. NPD(MD) No.2619 of 2014 and MP(MD)no.2 of 2014

1. Sevugan

2. Malaisamy

3. Prema

4. Priya ...

Petitioners/Petitioners/Appellants Vs Jayaprakash ...

Respondent/Respondent/Respondent Petition filed under Article 227 of the Constitution of India praying to set aside the order passed by the learned Subordinate Judge, Melur Camp Court in I.A.No.178 of 2012 in A.S.No.49 of 2011 dated 11/6/2013.

For petitioner ... Mr.Jeyakarthik

O R D E R

This Civil Revision Petition is directed against the order refusing to appoint a Commissioner in the first appeal.

2. The suit has been laid by the plaintiffs for permanent injunction restraining the defendant from in any manner interfering with their peaceful possession. After elaborate trial, the suit was dismissed. Thereafter, the plaintiffs filed an appeal. In the appeal, the plaintiff/appellant filed I.A.No.178 of 2012 for appointing a Commissioner to note down the physical features of the suit property. The Sub-Court, Melur, after hearing both the sides had dismissed the application on the ground that in a suit for bare injunction, Commissioner cannot be appointed to find out the factum of possession. https://hcservices.ecourts.gov.in/hcservices/

3. In this case, the suit has been dismissed against the plaintiffs. A Commissioner cannot be appointed to gather evidence, especially in the suit for injunction where only the factum of possession has to be gone into. The plaintiff having lost the suit before the trial Court cannot ask for appointment of Commissioner in an injunction suit. He has to prove his possession only by other evidence that is available. Therefore, the learned Subordinate Judge, Melur is right in dismissing the application and hence there is no merit in this Civil Revision Petition warranting interference.

4. In the result, this Civil Revision Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To The Subordinate Judge, Melur.

+1cc to Mr.M.S.Jeyakarthik, Advocate, in SR. No.1269. C.R.P.(NPD)(MD) No.2619 of 2014 and MP(MD)No.2 of 2014 8/1/2015 mvs msm 14.02.2015 p2/3c https://hcservices.ecourts.gov.in/hcservices/