Subbalakshmi v. Latchumiammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD).No.2318 of 2016 and C.M.P.(MD)No.10703 of 2018 Subbulakshmi ... Petitioner Vs.

1.Latchumiammal 2.Seeniammal ... Respondents PRAYER: Petition filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in I.A.No.464 of 2015 in O.S.No.46 of 2013 dated 29.02.2016, on the file of the Sub Court, Sankarankovil.

For petitioner : Mr.F.X.Eugene

ORDER

********* The defendant in O.S.No.46 of 2013 on the file of Sub Court, Sankarankovil, is the revision petitioner herein. It is a suit for partition. In the said suit, the revision petitioner filed I.A.No.464 of 2015 for appointing an advocate commissioner. 2.This Court went through the contents of the affidavit filed in support of the revision petition.

3.The revision petitioner submitted that there was an oral partition among the parties and that the southern portion is in enjoyment of the revision petitioner and to establish the same, an advocate commissioner has to be appointed.

4.This Court is of the view that an advocate commissioner cannot be appointed for such a purpose. The Court below rightly dismissed the I.A., filed by the revision petitioner herein. No case is made out for interference.

5.Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition s also closed. Sd/ Assistant Registrar(Writs) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-I)

To:

The Sub Judge, Sankarankovil.

+1cc to Mr.F.X.EUGENE, Advocate, SR.No.83140 ORDER MADE IN C.R.P.(PD)(MD).No.2318 of 2016 and C.M.P.(MD)No.10703 of 2018 07.09.2018 pnn KK/RP/SAR-1/24.10.2018/2P-3C https://hcservices.ecourts.gov.in/hcservices/