Madras High CourtCRP(MD)/2412/2016dismissed

Nachiyappan v. Lohambal

2018-09-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.2412 of 2016 and C.M.P.(MD)No.11354 of 2016

1. Nachiyappan

2. Rama.Chidambaram

3. M.Malaiyandi ... Petitioners/Petitioners/ Defendants Vs.

1. Lohambal

2. Azhagu

3. Manickam

4. Kandan ... Respondents/Respondents/ Plaintiffs PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 14.09.2016 in I.A.No.57 of 2016 in O.S.No.8 of 2009 on the file of the District Munsif Cum Judicial Magistrate Court, Thirumayam, by allowing this Civil Revision petition. For Petitioners : Mr.R.Sivalingam For Respondents : Mr.V.Sitharanjan Das ***

O R D E R

The defendants in O.S.No.8 of 2009 on the file of the learned District Munsif cum Judicial Magistrate, Thirumayam, are the Revision petitioners herein. It is a suit for bare injunction. The defendants filed I.A.No.57 of 2016 for appointment of an Advocate Commissioner. The said application was dismissed by the Court below by order dated 14.09.2016. The correctness of the said order is questioned in this Civil Revision petition.

2. Heard the learned counsel on either side.

3. It is seen that the suit itself is one for bare injunction. The identity of the property is not in dispute. The Court below rightly dismissed I.A.No.57 of 2016 filed by the Revision petitioners.

4. The order impugned in this Civil Revision petition does not call for any interference. The Civil Revision petition stands https://hcservices.ecourts.gov.in/hcservices/

dismissed, accordingly. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/ Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar(CS-II) To

1. The District Munsif Cum Judicial Magistrate, Thirumayam.

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1cc to Mr.V.SITHARANJANDAS, Advocate, SR.No.83530 C.R.P.(MD).No.2412 of 2016 and C.M.P.(MD)No.11354 of 2016 11.09.2018 PMU KK/SKN/SAR-2/25.10.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/