S.Boobalan vs M/S.Muthurajakula ...
2022 Latest Caselaw 16411 Mad

                                                                                C.R.P.No.3294 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 14.10.2022

                                                         CORAM:

                                   THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                                  C.R.P.No.3294 of 2022
                                                          and
                                                 C.M.P.No.17506 of 2022

                  S.Boobalan                                               ... Petitioner

                                                              vs

                  1.M/s.Muthurajakula Dharmaparipalana Karys Committee,
                    Represented by its Secretary – Mr.B.K.Padmanaban,
                    Sri Thirumangai Alwar Mandabam,
                    No.17A, T.K.Nambi Street,
                    Little Kancheepuram.

                  2.B.K.Padmanaban

                  3.Sridhar                                                ... Respondents

                  Prayer: Civil Revision Petition is filed under Article 227 of the Constitution
                  of India, praying to set aside the Judgment and Decree in I.A.No.4 of 2021 in
                  O.S.No.74 of 2020 dated 20.07.2022 passed by the learned Additional
                  District Munsif at Kancheepuram and allow this Civil Revision Petition.

                                    For Petitioner      : Mr.S.Ezhilraj

                                                          ORDER

https://www.mhc.tn.gov.in/judis C.R.P.No.3294 of 2022

The Civil Revision Petition is filed challenging the order passed by the

Court below dismissing the petition for appointment of Advocate

Commissioner to note down the physical features of the suit property.

2. The petitioner herein filed a suit for bare injunction in O.S.No.74 of

2020 on the file of the learned Additional District Munsif, Kancheepuram by

asserting his possession. Now, the petitioner filed the present application for

appointment of Advocate Commissioner stating that the

respondents/defendants are attempting to takeaway the valuables kept by him

in the first floor of the suit property. The petitioner herein filed the suit for

bare injunction by asserting his possession over the suit property.

3. According to the petitioner, he is in possession of the suit property, if

that be so, it may not be possible for the respondents to enter the suit property

and takeaway the movables kept by the petitioner in the first floor of the suit

property.

4. Having regard to the pleadings raised by the revision petitioner

https://www.mhc.tn.gov.in/judis C.R.P.No.3294 of 2022

asserting his possession over the suit property, the appointment of the

Advocate Commissioner is not at all necessary. It is settled law that the

Advocate Commissioner cannot give any finding with regard to the physical

possession of the parties and the legal possession has to be ascertain by the

Court based on the evidence available on record.

5. It is open to the petitioner to prove his legal possession and

entitlement to remain in the suit property by adducing other evidence.

6. Accordingly, the Civil Revision Petition is dismissed. No costs.

Consequently, the connected civil miscellaneous petition is closed.

                                                                                        14.10.2022
                  Index                 : Yes / No
                  Speaking Order        : Yes / No
                  dm

                  To

                  The Additional District Munsif,
                  Kancheepuram.
                                                                              S.SOUNTHAR, J.






https://www.mhc.tn.gov.in/judis
                                        C.R.P.No.3294 of 2022

                                                        dm




                                  C.R.P.No.3294 of 2022




                                              14.10.2022







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