S.Nagarajan v. K.Jeyachandran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Nagarajan ... Petitioner / Petitioner / Plaintiff Vs.

K.Jeyachandran ... Respondent / Respondent / Defendant Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 09.08.2023 passed in I.A.No.65 of 2020 in O.S.No.157 of 2019 on the file of the Sub Court, Usilampatti. For Petitioner : Mr.K.Suresh Kumar For Respondent : Mr.J.Selvam

O R D E R

Heard both sides.

2. The petitioner is figuring as plaintiff in O.S.No.157 of 2019 on the file of the Sub Court, Usilampatti. The petitioner applied for appointment of advocate commissioner. It was allowed. It appears that the commissioner who 1/3

were appointed on the first and second occasion could not carry out warrant. One Ganesh Kumar was then appointed as third advocate commissioner. The plaintiff has some objection against the appointment of the third advocate commissioner.

3. Taking note of the same, the impugned order in this civil revision petition is modified. Mr.K.Shanmugaraja, Enrolment No.1396/05, Cell No. 9894892890 shall be appointed as advocate commissioner. The petitioner shall pay a sum of Rs.10,000/- as remuneration. The petitioner shall also take care of his conveyance expense. The advocate commissioner will avail the assistance of the surveyor also. It is for the petitioner to make necessary arrangement in this regard. The court below shall issue warrant addressed to the aforesaid advocate commissioner.

4. The Civil Revision Petition is disposed of accordingly. No costs. 19.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The Sub Court, Usilampatti.

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G.R.SWAMINATHAN, J.

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