Christopher v. Francis

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD).No.12465 of 2022 Christopher

...Petitioner

Vs.

1.Francis 2.Christopher 3.Pathrose

...Respondents

PRAYER: Civil Revision Petition is filed under under Article 227 of Constitution of India to set aside the fair and decreetal order dated 21.09.2022 made in I.A.No.2 of 2019 in O.S.No.255 of 2012 on the file of the learned Sub Judge, Padmanabhapuram and allow the Civil Revision Petition. For Petitioner : Ms.J.Anandhavalli For R1 : Mr.R.J.Karthick For R2 : Mr.K.P.Narayanakumar

ORDER

This petition has been filed seeking to set aside the fair and decreetal order dated 21.09.2022 made in I.A.No.2 of 2019 in O.S.No.255 of 2012 on the file of the learned Sub Judge, Padmanabhapuram. 1/4

2.The petitioner filed a suit in O.S.No.255 of 2012 before the trial Court seeking permanent injunction restraining the first respondent from interfering with the possession and enjoyment of the subject property and for mandatory injunction to remove the gate put up by the first respondent. In the said suit, an application in I.A.No.2 of 2019 was filed by the first respondent to set aside the report of the Advocate Commissioner and plan and an application in I.A.No.5 of 2022 was filed by the petitioner to receive the reply statement. Both petitions were allowed on 21.09.2022 by the trial Court. Challenging the order passed in I.A.No.2 of 2019, the present petition has been filed.

3. The learned counsel appearing for the petitioner would submit that during the pendency of this case, the Advocate Commissioner has filed a report before the trial Court, arguments were heard and the case is posted for pronouncing judgment on 16.09.2025.

4. Recording the same, the Civil Revision Petition stands closed. No costs. Consequently, the connected miscellaneous petition is closed. 26.08.2025 Internet:Yes/No Index:Yes/No TSG 2/4

To 1.The Sub Court, Padmanabhapuram.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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