Madras High CourtCRP(MD)/736/2019disposed of

Ramalingam v. Vadivel

2019-10-17Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P.(PD)(MD).No.736 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(PD)(MD).No.736 of 2019 and C.M.P.(MD).No.4294 of 2019 Ramalingam ... Petitioner Vs.

1.Vadivel 2.Vijayakanth 3.Eruthayam ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 13.02.2019 passed in I.A.No.1139 of 2018 in O.S.No.228 of 2017 on the file of the District Munsif Court, Kulithalai. For Petitioner : No appearance For Respondents : M/s. V.Vilma Rexy for Mr.C.Deepak

O R D E R

The Civil Revision Petition has been filed challenging the order appointing an Advocate Commissioner passed by the District Munsif Court, Kulithalai in I.A.No.1139 of 2018 in O.S.No.228 of 2017, dated 13.02.2019.

2. There is no representation on behalf of the revision petitioner.

3. When the matter is taken up for hearing today, the learned counsel appearing for the respondents would submit that the Advocate Commissioner appointed by the Court below has already surveyed the land and submitted a report to the Court below and hence, the civil revision petition has become infructuous and liberty may be granted.

4. Recording the submission made by the learned counsel for the respondents, the Civil Revision Petition is disposed of granting liberty to the revision petitioner as well as to the respondents, if they intend to file any objection, they can file objection and in https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(PD)(MD).No.736 of 2019 case, if the objection is filed, further they intend to crossexamine the Advocate Commissioner, this Court directs the Court below to permit the parties to cross-examine the Advocate Commissioner and thereafter pass orders, on the objections made by both the parties.

No costs.

Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) akv To The District Munsif, Kulithalai.

+1 CC to M/s.V.VIMALA REXY, Advocate SR-92711. C.R.P.(PD).(MD).No.736 of 2019 17.10.2019 CS(01.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2