Madras High CourtCRP(MD)/2024/2021allowed

S.Jabarulla v. K.Abdul Majith

2021-12-16Honourable Ms. Justice P.T. Asha2 pages

C.R.P.(MD) No.2024 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2021

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P(MD)No.2024 of 2021 & CMP(MD)No.10836 of 2021 1.S.Jabarulla 2.A.Saleem 3.G.Abdul Raseed ... Petitioners Vs.

K.Abdul Majith ... Respondent PRAYER:- Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order passed by the Additional Subordinate Court, Palani in IA.No.11 of 2020 in AS.No.36 of 2018.

For Petitioners : Mr.M.P.Senthil for Mr.T.Lenin Kumar For Respondent : Mr.D.Venkatesh

ORDER

The above Civil Revision Petition has been filed by the defendants challenging the dismissal of their application in IA.No.11 of 2020 in AS.No.36 of 2018 by the Additional Subordinate Judge, Palani.

2.The said petition was filed by the petitioners herein for appointment of Advocate Commissioner to inspect the suit schedule properties, measure them on the basis of sale deed of both parties and revenue records and to note down the physical features of the properties and file report and plan.

3. When the matter came up for admission, the respondent/plaintiff was represented by a counsel. The learned counsel on instructions has agreed that the Advocate Commissioner shall be appointed to inspect the properties of both parties. https://hcservices.ecourts.gov.in/hcservices/ _________

C.R.P.(MD) No.2024 of 2021

4. Therefore, Advocate Commissioner shall be appointed to inspect the properties of both petitioners as well as respondent, measure them on the basis of their respective sale deeds and revenue records, taking the assistance of a Surveyor, note down physical features and file report and plan thereon.

5. The Civil Revision Petition is allowed with the above direction. The order passed in IA.No.11 of 2020 in AS.No.36 of 2018 by the learned Additional Subordinate Judge, Palani is hereby set aside. The learned Additional Subordinate Judge, Palani will name the Advocate Commissioner within a period of one week from the date of receipt of a copy of this order or its production by either of the parties. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi To:- 1.The Additional Subordinate Judge, Palani,Dindigul District.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-39308[F] dated 17/12/2021 ) C.R.P(MD)No.

16.12.2021 MGJ(17.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ _________