A.Parasuraman vs R.Pitchandi
2021 Latest Caselaw 13857 Mad

                                                                            C.R.P.(PD)No.2440 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 12.07.2021

                                                            CORAM

                                   THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

                                                C.R.P.(PD)No.2440 of 2018
                                               and C.M.P.No.16235 of 2018

                     A.Parasuraman                                               ... Petitioner

                                                             Vs.
                     1. R.Pitchandi
                     2. R.Tamilarasan                                            ... Respondents

                     Prayer :- Civil Revision Petition is filed under Article 227 of the
                     Constitution of India to set aside the order passed on 06.06.2018 in
                     I.A.No.924 of 2016 in O.S.No.190 of 2013 on the file of the learned
                     Additional District Munsif, Vellore and allow the I.A.No.924 of 2016 as
                     prayed for.
                                           For Petitioner     : Mr.R.Lakshminarayanan

                                           For Respondents : Ms.D.Chitra Maragatham

                                                         ORDER

This Civil Revision Petition is directed as against the fair and

decreetal order dated 06.06.2018 passed by the learned Additional District

Munsif, Vellore, in I.A.No.924 of 2016 in O.S.No.190 of 2013, thereby

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD)No.2440 of 2018

dismissing the petition for appointment of an Advocate Commissioner.

2. The petitioner is the plaintiff and the respondents are the

defendants. The petitioner filed suit in O.S.No.190 of 2013 for mandatory

injunction, permanent injunction and also for declaration in respect of the

suit property. While pending the suit, the petitioner filed petition in

I.A.No.924 of 2016 for seeking appointment of an Advocate Commissioner

to inspect the suit property with the help of the Surveyor and measure the

same. The trial Court dismissed the said petition as against which, the

present Civil Revision Petition.

3. It is seen from records the petitioner already filed petition for

appointment of an Advocate Commissioner in I.A.No.934 of 2013 and the

same was dismissed on 18.11.2013. As against the said order, the petitioner

did not prefer any Civil Revision Petition. In fact, the petitioner filed

another suit for permanent injunction and mandatory injunction in

O.S.No.413 of 2004 and the same was dismissed by the judgment and

decree dated 16.02.2009. Aggrieved by the same, the petitioner preferred an

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD)No.2440 of 2018

appeal in A.S.No.42 of 2009 and the same was dismissed. In that appeal suit

also, the petitioner had filed an application seeking appointment of an

Advocate Commissioner and the same was also dismissed. Therefore, the

petitioner repeatedly filed petition seeking appointment of an Advocate

Commissioner to drag the proceedings and nothing else. That apart,

appointment of an Advocate Commissioner is nothing but collection of

evidence and therefore the trial Court rightly dismissed the petition. This

Court finds no infirmity or illegality in the order passed by the Court below.

4. Accordingly, this Civil Revision Petition stands dismissed.

Consequently, connected miscellaneous petition is closed. There shall be no

order as to cost.

12.07.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order

rts

https://www.mhc.tn.gov.in/judis/ C.R.P.(PD)No.2440 of 2018

G.K.ILANTHIRAIYAN, J.

rts

To

1. The Additional District Munsif, Vellore.

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

C.R.P.(PD)No.2440 of 2018 and C.M.P.No.16235 of 2018

12.07.2021

https://www.mhc.tn.gov.in/judis/