Mani vs Balasubramanian
2021 Latest Caselaw 5791 Mad

                                                                               CRP.PD.No.45 of 2017

                                 IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 04.03.2021

                                                        CORAM

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

                                               CRP.PD.No.45 of 2017
                                                      and
                                                CMP.No.282 of 2017


                     Mani                                                        ... Petitioner
                                                         Vs.

                     1. Balasubramanian
                     2. K.S.Subburaj                                            ... Respondents

                     PRAYER: The Civil Revision Petition is filed under Article 227 of the
                     Constitution of India,   to set aside the judgment and decree passed in
                     I.A.No.217 of 2016 in O.S.No.106 of 2016 on the file of the learned District
                     Munsif, Udumalpet dated 26.10.2016 by allowing the Civil Revision
                     Petition.


                                       For Petitioner           : Mr.N.Umapathi for
                                                                : Mr.M.R.Franklin

                                       For Respondents          : Mr.R.Nalliyappan (for R1)
                                                                : Notice Served (for R2)




                     1/4

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                                                                                  CRP.PD.No.45 of 2017



                                                      ORDER

This Civil Revision Petition is directed as against the fair and decretal

order passed in I.A.No.217 of 2016 in O.S.No.106 of 2016 dated

26.10.2016 on the file of the learned District Munsif, Udumalpet, thereby,

dismissing the petition for appointment of Advocate Commissioner.

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

While pending the suit, the petitioner filed a petition for appointment of an

Advocate Commissioner to note down the physical features of the suit

schedule properties.

3. On a perusal of the records, it shows that the petitioner was issued

notice from the Public Works Department in respect of pipe laid by the

petitioner. After notice, tt was removed and as such, the petitioner filed a

suit for injunction. At this juncture, the petitioner filed a petition for

appointment of Advocate Commissioner to note down the physical features

of the suit properties and it is nothing but collection of evidence and as

such, the Court below rightly dismissed the petition. Therefore, this Court

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

http://www.judis.nic.in CRP.PD.No.45 of 2017

4. Accordingly, this Civil Revision Petition is dismissed.

Consequently, the connected Miscellaneous Petition is closed. No costs.

                                                                                         04.03.2021
                     Speaking/Non-speaking order
                     Index     : Yes/No
                     Internet : Yes/No
                     kv

                     To

                     The District Munsif, Udumalpet.






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                                  CRP.PD.No.45 of 2017




                           G.K.ILANTHIRAIYAN,J.

                                                  Kv




                             CRP.PD.No.45 of 2017




                                        04.03.2021





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