Pazhaniammal, v. Karuppayi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.2057 of 2018 (PD) and C.M.P.(MD)No.9121 of 2018 Pazhaniammal ... Petitioner Vs.

Karuppayi ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in I.A.No.432 of 2018 in O.S.No.214 of 2016, dated 20.07.2018, on the file of the District Munsif Court, Sivagangai. For Revision Petitioner: Mr.R.Maheswaran

ORDER

The defendant in O.S.No.214 of 2016 on the file of the District Munsif Court, Sivagangai, is the revision petitioner herein. The suit is one for declaration and for permanent injunction. In the said suit, the revision petitioner filed I.A.No.432 of 2018 for appointing an Advocate Commissioner. The Court below by order dated 20.07.2018, dismissed the same. Questioning the said order, this civil revision petition is filed.

2. Heard the learned Counsel appearing for the revision petitioner.

3. The Court below has dismissed the I.A., for the reason that there is no dispute regarding the identity of the suit property. This Court went through the written statement as well as the grounds of the civil revision petition. It is seen that there is no dispute regarding the identity of the suit property, as such. Therefore, the Court below is justified in dismissing the I.A. There is no merit in the civil revision petition and the same is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (cs-II) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-III)

To The District Munsif, Sivagangai.

+ 1 CC TO MR.R.MAHESWARAN, ADVOCATE IN SR NO.85490 GK BU/SKN/SAR-III :11.10.2018 : 2P/3C C.R.P.(MD)No.2057 of 2018 (PD) and C.M.P.(MD)No.9121 of 2018 19.09.2018 https://hcservices.ecourts.gov.in/hcservices/