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Madras High CourtCRP(MD)/3932/2025dismissed

Thangabala Murugan v. Ayyar Selvam

2026-02-19Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and CMP(MD).No.20503 of 2025 Thangabala Murugan ... Petitioner Vs Ayyar Selvam ... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 11.11.2025 passed in I.A.No.2 of 2024 in O.S.No.94 of 2024 on the file of the Principal District Munsif Court at Sivagiri.

For Petitioner : Mr.C.Susikumar For Respondent : Ms.Lakshmi Priya for Mr.T.Bashyam

ORDER

This civil revision petition has been filed to set aside the order dated 11.11.2025 passed in I.A.No.2 of 2024 in O.S.No.94 of 2024 on the file of the Principal District Munsif Court at Sivagiri. 1/4

2.Heard the learned counsel appearing for the petitioner as well as the respondent.

3.The learned counsel for the petitioner submitted that the above said application was filed by the defendant for the appointment of an Advocate Commissioner to measure the property along with a qualified surveyor and file a report. The same was allowed. Against the same, this civil revision petition has been filed. He further submitted that the appointment of an advocate commissioner is only amount to collect evidence and that is impermissible under law. 4.Per contra, the learned counsel for the respondent submitted that the advocate commissioner is appointed only to measure the property with the aid of a surveyor and to furnish the exact report on the ground level.

5.The trial Court is always at liberty to accept the report or to deny the report and even if the plaintiff is aggrieved, he can examine the report of the Advocate Commissioner to cull out if there is any omission or 2/4

commission. Hence, there is no infirmity in the order passed by the trial Court.

6.Accordingly, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Speaking : Yes / No 19.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No TM To 1.The Principal District Munsif Court, Sivagiri. 2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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N.SENTHILKUMAR, J.

TM 19.02.2026 4/4