Madras High CourtCRP(MD)/2362/2019disposed of

M.Jeyapandi, v. T.Patturaja,

2022-04-06Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.2362 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No. 2362 of 2019 and CMP(MD).No.12487 of 2019 M.Jeyapandi .. Petitioner Vs.

1.T.Patturaja 2.C.Antony .. Respondents Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order, dated 18.10.2019 made in I.A.No.5 of 2019 in O.S.No.35 of 2019 on the file of the District Munsif, Srivaikundam. For Petitioner :

Mr.K.P.Narayanakumar For respondents for R1 :

Mr. K. Veilmuthu For R2 : No Appearance

ORDER

The revision petitioner / 1st defendant filed this revision to set aside the order, dated 18.10.2019 made in I.A.No.5 of 2019 in O.S.No.35 of 2019 on the file of the District Munsif, Srivaikundam.

2. Heard the learned counsel appearing for both sides and perused the materials available on record.

3. The said Interlocutory Application in I.A.No.5 of 2019 filed by the first respondent / plaintiff for appointment of Advocate Commissioner, which was allowed by the trial Court. The revision petitioner has stated that already in the suit in O.S.No.14 of 2019, the Commissioner was appointed to inspect the property. The properties in O.S.No.14 of 2019 and O.S.No.35 of 2019 are the same properties and nearby properties. So, the same Commissioner should be appointed to inspect the property to avoid the discrepancies.

4. The counsel for the 1st respondent has also accepted for re-issue of warrant for the same Commissioner.

5. So, the trial Court is directed to re-issue the warrant to the same Commissioner appointed in O.S.No.14 of 2009 and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.2362 of 2019 Commissioner is also directed to inspect the property with the help of Surveyor.

6. With the above observation, the Civil Revision Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) trp To The District Munsif, Srivaikundam.

+1 CC to M/s.K. VEILMUTHU, Advocate ( SR-16942[F] dated 06/04/2022 ) +1 CC to M/s.K.P. NARAYANAKUMAR, Advocate ( SR-17281[F] dated 07/04/2022 ) CRP(MD).No. 2362 of 2019 and CMP(MD).No.12487 of 2019 06.04.2022 MGJ(18.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2