J.Nagarajan vs Yasodai
2022 Latest Caselaw 7718 Mad

                                                                          C.R.P(MD).No.297 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 12.04.2022

                                                      CORAM

                                  THE HONOURABLE MRS.JUSTICE S. ANANTHI

                                            CRP(MD).No.297 of 2022 and
                                             CMP(MD).No.1341 of 2022

                    1.J.Nagarajan
                    2.J.Sakhirajan                                         .. Petitioners


                                                           Vs.


                    1.Yasodai
                    2.Avudaithai
                    3.Balamani                                              .. Respondents


                    Prayer: This Civil Revision Petition is filed under Article 227 of the

                    Constitution of India to set aside the Judgment and Decree made in I.A.No.

                    4 of 2021 in O.S.No.2 of 2020, dated 23.12.2021 pending on the file of the

                    District Munsif, Theni.



                                   For Petitioners   : Mr.R. Murali

                                   For respondents   : Mr. M. Kannan




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https://www.mhc.tn.gov.in/judis
                                                                              C.R.P(MD).No.297 of 2022


                                                       ORDER

The revision petitioners / defendants filed this revision to set

aside the order, dated 23.12.2021 made in I.A.No.4 of 2021 in O.S.No.2 of

2020 on the file of the District Munsif, Theni.

2. Heard the learned counsel appearing on either side and

perused the materials available on record.

3. The said I.A.No.4 of 2021 filed by the revision petitioners /

defendants to appoint an Advocate Commissioner to prove their

possession and also take down the presence of crops in the field. The

revision petitioners / defendants have stated that they were cultivated in the

land and there is growing crops in the field. The revision petitioners have

filed a Commission petition for ascertaining the crops in the year 2021 and

hence, the appointment of Commissioner is not necessary at present.

4. Since the suit has been filed for bare injunction, the

Commissioner cannot be appointed for ascertaining the possession of the

property. So, the trial Court has rightly dismissed the petition and hence,

this Court is not inclined to interfere with order passed by the Court below.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.297 of 2022

5. Accordingly, this Civil Revision Petition is dismissed by

confirming the order, dated 23.12.2021 made in I.A.No.4 of 2021 in

O.S.No.2 of 2020 on the file of the District Munsif, Theni. No costs.

Consequently, the connected Miscellaneous Petition is closed..

12.04.2022

trp Index :yes/No Internet:yes/No

To

IV Additional District Judge, Tirunelveli.

S. ANANTHI, J.,

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.297 of 2022

trp

CRP(MD).No.297 of 2022 and CMP(MD).No.1341 of 2022

12.04.2022

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