Subramaniam v. Rasayee Ammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P(MD)No.13450 of 2024 Subramaniam ... Petitioner / Petitioner / Plaintiff Vs.

1.Rasayee Ammal 2.Ramasamy Gounder 3.Periyasamy ... Respondents / Respondents / Defendants Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair order and ex-order passed in I.A.No.4 of 2021 in O.S.No.367 of 2021 dated 19.06.2024 on the file of Principal District Munsif, Karur and allow this civil revision petition. For Petitioner : Mr.J.Sathiaraj 1/4

ORDER

Heard the learned counsel appearing for the revision petitioner. 2.The revision petitioner is the plaintiff in O.S.No.367 of 2021 on the file of Principal District Munsif Court, Karur. It is a suit for injunction. In the said suit, the petitioner filed I.A.No.4 of 2021 for appointing an Advocate Commissioner. The said IA was dismissed vide order dated 19.06.2024. Questioning the same, this Civil Revision Petition came to be filed.

3.The learned counsel appearing for the petitioner reiterated all the contentions set out in the memorandum of grounds of civil revision petition and called upon this Court to set aside the impugned order and grant relief as prayed for.

4.I am not swayed by the said submissions. It is already noted that the suit is one for injunction. There is no dispute regarding the identity of the suit property. The question of appointing an Advocate 2/4

Commissioner does not arise. I am not inclined to interfere with the order impugned in this Civil Revision Petition. 5.This Civil Revision Petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 30.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The Principal District Munsif, Karur.

G.R.SWAMINATHAN, J.

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