Madras High Court
Ponnaya vs Komarasamy Gounder on 28 July, 2021
CRP.NPD.No.2419 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP (NPD).No.2419 of 2018
and
CMP.No.14888 of 2018
1. Ponnaya
2. N.Valumani
3. Mani @ Amutha ... Petitioners
Vs.
1. Komarasamy Gounder
2. M.Subramanian ... Respondents
PRAYER: Civil Revision Petition filed under Section 115 of the Civil
Procedure Code, to set aside the fair and decretal order dated 21.08.2017 in
E.A.No.53 of 2012 in E.P.No.10 of 2004 in O.S.No.482 of 1995 on the file
of the District Munsif, Sankarai and allow the Civil Revision Petition.
For Petitioners : Mr.S.Kalyanaraman
For Respondents : Notice Served (No Appearance)
(for R-1)
: Not Ready in Notice
(No Appearance) for R-2)
1/5
http://www.judis.nic.in
CRP.NPD.No.2419 of 2018
ORDER
This Civil Revision Petition is filed as against the fair and decretal
order passed in E.A.No.53 of 2012 in E.P.No.10 of 2004 in O.S.No.482 of
1995 dated 21.08.2017 on the file of the learned District Munsif, Sankarai,
thereby dismissing the petition seeking appointment of Advocate
Commissioner to note down the existing buildings and the area of the
mining and the physical features of the petition mentioned property with
assistance of the V.A.O with qualified surveyor and qualified engineer to
value the building and mines in the petition mentioned properties and to file
report with plan.
2. The petitioners are the judgment debtors and the respondents are
the decree holders. The respondents filed a suit for recovery of money. The
same was decreed by the judgment and decree dated 26.09.2003. On the
strength of the decree, the respondents filed a petition in R.E.P.No.10 of
2004 to execute the decree, the property was brought for auction and the
http://www.judis.nic.in
CRP.NPD.No.2419 of 2018
second respondent herein purchased the property for valid sale
consideration and the sale certificate was also issued in his favour. While
being so, the petitioners filed a petition under Section 47 of CPC in
R.E.A.No.32 of 2010 and it is pending. While pending the said application,
the petitioners also filed a petition seeking appointment of Advocate
Commissioner to note down the existing buildings and the area of the
mining and the physical features of the petition mentioned property with
assistance of the V.A.O with qualified surveyor and qualified engineer to
value the building and mines in the petition mentioned properties and to file
report with plan. The Court below rightly dismissed the petition for the
reason that the appointment of Advocate Commissioner is nothing but
collection of evidence. If really there is mines and terraced house in petition
mentioned property, the petitioners can very well produce documentary
evidence on their side to prove the same in the application filed under
Section 47 of CPC. Therefore, it is nothing but collection of evidence and
this Court finds no merits in this petition and also finds no infirmity or
illegality in the order passed by the Court below.
http://www.judis.nic.in
CRP.NPD.No.2419 of 2018
G.K.ILANTHIRAIYAN,J.
kv
3. Accordingly, this Civil Revision Petition is dismissed.
Consequently, the connected Miscellaneous Petition is closed. No costs.
28.07.2021
Speaking/Non-speaking order
Index : Yes/No
kv
To
1. The District Munsif, Sankarai.
2. The Section Officer,
V.R. Section, High Court of Madras.
http://www.judis.nic.in
CRP.NPD.No.2419 of 2018
CRP (NPD).No.2419 of 2018
http://www.judis.nic.in
