Madras High CourtCRP(MD)/761/2014dismissed

Kaliappan, v. Seethalakshmi (Died)

2020-03-12Honourable Mr Justice B.Pugalendhi2 pages

C.R.P.(PD)(MD)No.761 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.03.2020

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI C.R.P.(PD)(MD)No.761 of 2014 and M.P.(MD)No.1 of 2014 1.Kaliappan 2.Vasanthi 3.Ananthaganapathy 4.Bagavathy .. Petitioners /Petitioners 1,3-5 /Defendants 1, 3-5 Vs.

Seethalakshmi (Died) 2.Lakshmanan 3.Ramasamy 4.Rajamathangan 5.Sivakami .. Respondents/Respondents / Plaintiffs PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India as against the fair and decreetal order dated 06.01.2014 made in I.A.No.141 of 2013 in O.S.No.8 of 2010, on the file of the learned District Munsif, Thiruchendur. For Petitioners : Mr.R.J.Karthik for Mr.R.Subramanian For Respondents : Mr.D.Venkatesh for R.2 to R.5

ORDER

O.S.No.8 of 2010 is filed by the respondents / plaintiffs as against the petitioners / defendants for a declaration and permanent injunction insofar as the suit property is concerned. Pending the suit, the petitioners / defendants have filed an interlocutory application in I.A.No.141 of 2013 to appoint an Advocate Commissioner to ascertain the physical features of the subject property. The trial Court, vide order dated 06.01.2014, dismissed the interlocutory application and as against the same, the petitioners / defendants have filed the instant civil revision petition.

2. Heard the learned Counsel appearing for the respective parties.

3. It appears, the trial Court has dismissed the petition that the Commissioner application cannot be utilised for collecting evidence. Moreover, in the present case the suit is pending at the stage of defendants side arguments and the petitioners have now come forward with the present application to fill up the lacuna at this stage. This Court does not find any reason to interfere with the impugned order and the same is accordingly, confirmed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(PD)(MD)No.761 of 2014

4. In the result, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) gk To The District Munsif, Thiruchendur.

+1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-11525[F] +1 CC to M/s.D.VENKATESH, Advocate ( SR-11774[F] dated 16/03/2020 ) C.R.P.(PD)(MD)No.761 of 2014 and M.P.(MD)No.1 of 2014 12.03.2020 SMA/06/05/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2