Madras High Court
S.Rani vs C.Rajeswari on 22 February, 2021
CRP.PD.No.291 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.PD.No.291 of 2021 and
CMP.Nos.2631 & 2633 of 2021
1.S.Rani
2.S.Sivakumar
3.S.Manikandan
4.S.Devaraj
5.Venkatesan ..Petitioners
Vs.
1.C.Rajeswari
2.Theagarajan
3.Dhanasekaran
4.Mohanraj ..Respondents
PRAYER:
The Civil Revision Petition is filed under Article 227 of the
Constitution of India against the judgment and decree dated
20.11.2020 in CMA.No.19 of 2020 passed by the learned VI Additional
Judge, City Civil Court at Chennai.
For Petitioners : Mr.R.Sreedhar
For Respondents : Mr.P.Sunil Alias Sunil Prakash
ORDER
This Civil Revision Petition is arising out of judgment and
decree dated 20.11.2020 passed in CMA.No.19 of 2020 by the learned
VI Additional Judge, City Civil Court, Chennai thereby confirming the
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CRP.PD.No.291 of 2021
order passed by the court below in IA.No.2 of 2020 in OS.No.2209 of
2020 thereby dismissing the petition for interim injunction.
2. The petitioners are the plaintiffs and the respondents are the
defendants. The petitioners filed suit for permanent injunction. The
dispute between the petitioners and the respondents is that the common
passage in front of their respective plots, according to the petitioners,
admeasuring 3 feet x 70 feet. Whereas the learned counsel for the
respondents would submit that according to the petitioners' own sale
deed dated 04.07.2002, the common passage mentioned as 3 feet
breadth x 53 feet length. Therefore, alleged encroached portion belongs
to the respondents and there is no encroachment.
3. Both the counsel have submitted that the petition for
appointment of Advocate Commissioner is also pending in IA.No.3 of
2020. Both the Courts below observed that if the Advocate Commissioner
visited the suit property, the issue can be sort out.
4. Considering the above, the trial Court is directed to appoint
Advocate commissioner in IA.No.3 of 2020 in OS.No.2209 of 2020 within
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CRP.PD.No.291 of 2021
a period of two weeks from the date of receipt of copy of this order. On
receipt of the report filed by the Advocate Commissioner, the trial court is
directed to dispose of the suit within a period of nine months. It is made
clear that the Advocate Commissioner is directed to visit both the
properties belong to the petitioners as well as the respondents and note
down the physical features admeasuring the property with the help of the
surveyor in accordance with their respective sale deeds.
5. With the above directions, this civil revision petition is
disposed of. Consequently, connected miscellaneous petitions are closed.
No order as to costs.
22.02.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
lok
https://www.mhc.tn.gov.in/judis/
CRP.PD.No.291 of 2021
G.K.ILANTHIRAIYAN,J.
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To
1.The learned VI Additional Judge,
City Civil Court at Chennai.
2.The learned XI Assistant Judge,
City Civil Court at Chennai.
CRP.PD.No.291 of 2021
22.02.2021
https://www.mhc.tn.gov.in/judis/
