Samikannu, v. Subramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.10424 of 2022 Samikannu : Petitioner Vs.

Subramanian : Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records relating to the fair and decreetal order dated 19.07.2022, made in I.A.No.3 of 2021 in O.S.No.275 of 2021, on the file of the Principal District Munsif, Manapparai and set aside the same.

For Petitioner : Ms.P.Kalaiyarasi Bharathi ***** 1/4

ORDER

The petitioner, as plaintiff, has filed a suit in O.S.No.275 of 2021 before the Principal District Munsif, Manapparai, for a bare injunction as against the respondent / defendant. Pending the suit, the petitioner has also filed an interlocutory application in I.A.No.3 of 2021 seeking appointment of Advocate Commissioner. The trial Court, by order dated 19.07.2022 dismissed the said application and challenging the same, the petitioner has moved this revision.

2.Learned Counsel for the petitioner submitted that the respondent is attempting to encroach upon his property and therefore, he has filed the Commissioner application. However, the same was dismissed by the trial Court.

3.Heard the learned Counsel for the petitioner and perused the available materials.

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4.Admittedly, the suit is filed for a bare injunction. The trial Court, holding that the petitioner has to establish his case by letting-in evidence and not by collecting evidence through Advocate Commissioner, dismissed the interlocutory application.

5.This Court does not find any error in the order of the trial Court warranting interference. Accordingly, this civil revision petition stands dismissed.

No costs.

Consequently, connected miscellaneous petition is closed.

Index : Yes / No 15.11.2022 Internet : Yes gk To The Principal District Munsif, Manapparai.

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B.PUGALENDHI, J.

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