M.Chellappan Achari, v. T.Kasthuri,

C.R.P.(MD) No.911 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2022 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(MD) No.911 of 2021 and C.M.P.(MD) No.5125 of 2021 M.Challappan Achari ... Petitioner/Respondent/ Defendant vs.

T.Kasthuri ... Respondent/Petitioner/ Plaintiff PRAYER:- This Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order in I.A.No.52 of 2021 in O.S.No.42 of 2020 dated 16.03.2021 on the file of the learned District Munsif, Pudukkottai.

For Petitioner : Mr.K.Balasundharam For Respondent : Mr.N.A.Palaniyandi

ORDER

The learned counsel appearing for the petitioner would submit that he has no objection to an Advocate Commissioner being appointed, but the only request is that the Advocate Commissioner should take the assistance of the Surveyor. That was the counter that has been filed by him before the trial Court. However, the learned Judge had ignored the request and passed an order only appointing an Advocate Commissioner to note down the physical features.

2.The learned counsel for the respondent has also no objection to a Surveyor accompanying with the Advocate Commissioner. 3.In the result, the Civil Revision Petition is partly allowed and the Advocate Commissioner shall take the assistance of the Surveyor along with him. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mm https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD) No.911 of 2021 To The District Munsif, Pudukkottai.

+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-2282[F] dated 25/01/2022 ) C.R.P.(MD) No.911 of 2021 24.01.2022 RK(15/02/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2