Madras High CourtCMP(MD)/15803/2025allowed

R.Lakshmi v. Ganesan

2026-06-22Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-06-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI IN AS(MD) NO. 426 of 2025 1.R.Lakshmi 2.R.Sudharsan Petitioner(s) Vs 1.Ganesan 2.Balasubramanian 3.Bhuvaneshwari 4.Umanathan (Died) 5.Meenakshi 6.The Joint Sub-Registrar No.1 Office at Government Hospital Road, Opposite to Court Complex, Kumbakonam Town, Thanjavur District.

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7.K.S.Meera 8.Sri Nidhi (Respondents 7 and 8 are brought on record as LRs of the deceased 4th respondent vide court order dated 14.08.2025 made in C.M.P.(MD) No.10711 of 2025 in A.S.(MD)SR No.39002 of 2025 by SSYJ) Respondent(s) For Petitioner(s):

Mr.S.Vidhya Sagar, Advocate For Respondent(s):

Mr.S.I.Muthaiah, Government Advocate for R6 R1 to R3, & R5 - No Appearance R4 - Died R7 & R8 - Dispensed with Prayer : Civil Miscellaneous Petition is filed under Order 26 Rule 10 of the Code of Civil Procedure, seeking to appoint an advocate Commissioner in order to inspect and measure the suit property for noting down the physical features of the suit property and to fix the four boundaries of the suit property with the help of a surveyor and to submit a report and plan before this Court.

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ORDER

This Civil Miscellaneous Petition has been filed seeking the appointment of an Advocate Commissioner to inspect and measure the suit property, note down its physical features, fix its four boundaries with the help of a surveyor, and submit a report along with a plan before this Court.

2. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the 6th respondent. This Court has also perused the affidavit filed in support of this petition.

3. The names of respondents 1 to 3 and 5 have already been printed in the cause list.

4. The 4th respondent has died, and steps have already been taken to bring the legal heirs on record.

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5. Issuance of notice to respondents 7 and 8 has already been dispensed with.

6. The learned Government Advocate appearing for the 6th respondent has not filed a counter; however, he submitted that the 6th respondent is only a formal party.

7. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Civil Miscellaneous Petition is allowed.

8. Accordingly, Mr.V.K.Muthu Pandiyan, Advocate, M.S. No.3281/2024, Plot No.33, Poombuhar Nagar, North Extension, near Karunaisabai, Uthangudi, Madurai, Ph.No.9360685065, is appointed as Advocate Commissioner.

9. The learned Advocate Commissioner is directed to issue notice to both parties, inspect and measure the suit property with the help of a qualified surveyor, note down its physical features, fix its four 4/6

boundaries, and file a detailed report along with a plan before this Court on or before 06.08.2026.

10. The remuneration of the Advocate Commissioner is fixed at Rs.25,000/- (Rupees Twenty-Five Thousand only). The said remuneration shall be paid by the petitioners directly to the Advocate Commissioner within a period of ten (10) days from today.

11. For filing report and plan, list the matter on 06.08.2026. 22-06-2026 Note : The Registry is directed to issue warrant to the Advocate Commissioner.

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P.VADAMALAI, J.

mkn IN AS(MD) NO. 426 of 2025 22.06.2026 6/6