Madras High CourtCRP(MD)/919/2021partly allowed

Aalvaar Reddiyar (Deceased) v. Palaniammal

2022-03-18Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CMP(MD).No.5188 of 2021 in CRP(MD).No.920 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).Nos. 919 and 920 of 2021 and CMP(MD).No.5188 of 2021 in CRP(MD).No.920 of 2021 Aalvaar Reddiyar (deceased) Gopal .. Petitioner in both CRPs Vs.

Palaniammal .. Respondents in both CRPs COMMON Prayer: These Civil Revision Petitions are filed under Article 227 of the Constitution of India against the order and decree dated passed dated 13.11.2019 made in I.A.Nos.36 of 2012 and 31 of 2012 in O.S.No.198 of 2008 on the file of the Principal District Munsif, Vedasandur, Dindigul District. For Petitioner in both CRPs ... Mr. G. Gomathi Sankar For respondents in both CRPs ... Mr. A. Chandrakumar COMMON ORDER The revision petitioner / defendant filed this revision to set aside the order, dated 13.11.2019 made in I.A.Nos.36 of 2012 and 31 of 2012 in O.S.No.198 of 2008 on the file of the Principal District Munsif, Vedasandur, Dindigul District.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The said Interim Applications in I.A.Nos.31 and 36 of 2012 were filed by the revision petitioner / defendant to struck of the original Advocate Commissioner's report and plan and to re-issue the Commission warrant to some other commissioner and to inspect the suit property with the help of Surveyor respectively. Already, Commissioner's report and sketch filed by the Commissioner. Now, the only question is whether the southern side of the Survey No.192/1B there is any pathway to the plaintiff has to determine. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD).No.5188 of 2021 in CRP(MD).No.920 of 2021

4. So, the Civil Revisions Petitions are partly allowed. The re-issue of commission warrant to some other Commissioner is only with regard to inspect the property and to note down whether there is any pathway other than the boundary on the western side of S.No.192/1A (Varappau) in the Commissioner's sketch and also whether there is any pathway in southern side of S.No.192 / 1B as stated by the revision petitioner. Further, the assistance of the surveyor is not necessary to the Commissioner. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Principal District Munsif, Vedasandur, Dindigul District.

+1 CCto M/s.G.GOMATHI SANKAR,Advocate(SR-13158[F] dated 21/03/2022 ) ORDER MADE IN CRP(MD).Nos. 919 and and CMP(MD).No.5188 of 2021 in CRP(MD).No.920 of 2021 18.03.2022 PKP/28.03.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2