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Madras High CourtCRP(MD)/1510/2025disposed of

Thankappan v. Thankayyan Nadar

2025-06-02Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI Thankappan

...Petitioner

Vs.

1.Thankayyan Nadar 2.Moni 3.Kilaramma 4.Appukuttan 5.Rani 6.Kanakamary 7.Saroja

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned Subordinate Judge, Kuzhithurai, to issue certified copy of Demarcation of Advocate Commissioner's Plan dated 24.09.2010 along with Final Order based on the C.A.No.2155 of 2024 filed in E.P.No.76 of 2004 in O.S.No.47 of 1996 on the file of the learned Subordinate Judge, Kuzhithurai, within a stipulated period that may be fixed by this Court. For Petitioner : Mr.S.Sivakumar * * * * * 1/4

ORDER

This petition has been filed seeking a direction to the learned Subordinate Judge, Kuzhithurai, to issue certified copy of Demarcation of Advocate Commissioner's Plan, dated 24.09.2010, along with Final Order, based on the case in C.A.No.2155 of 2024 filed in E.P.No.76 of 2004 in O.S.No.47 of 1996 on the file of the learned Subordinate Judge, Kuzhithurai, within a stipulated period that may be fixed by this Court.

2. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

3. The learned counsel appearing for the petitioner would submit that the petitioner and respondent Nos.6 and 7 have filed a suit in O.S.No.47 of 1996 before the learned Subordinate Judge, Kuzhithurai, seeking the relief of demarcation of the suit schedule property. The said suit was decreed on 03.01.2001 before the learned Subordinate Judge, Kuzhithurai and subsequently, the sixth respondent filed an Execution Petition before the learned Subordinate Judge, Kuzhithurai in E.P.No.76 of 2004. Since demarcation has been effected as observed by the learned Subordinate Judge, Kuzhithurai, the said Execution Petition was terminated. Thereafter, the petitioner has filed a copy application for furnishing a final report of 2/4

Demarcation of Advocate Commissioner's Plan dated 24.09.2010. However, the said copy application was returned on the ground that the bundle was not received in record section. Hence, the petitioner has filed this present petition for issuance of the above said Certified copy.

4. Considering the prayer sought for by the petitioner, the petitioner is permitted to represent the copy application before the Subordinate Court, Kuzhithurai, within a period of three weeks from the date of receipt of a copy of this order. On receipt of the said application, the trial Court is directed to furnish the copy of the final report of the Advocate Commissioner's dated 24.09.2010 to the petitioner within a period of two weeks thereafter.

5. Accordingly, this Civil Revision Petition stands disposed of. No costs. 02.06.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Subordinate Judge, Kuzhithurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Note : Registry is directed to return the original document after retaining the copy of the same in the Court record 3/4

M.DHANDAPANI , J.

TSG 02.06.2025 4/4