Sarojini vs S.L.Bright @ Lazarus Bright
2023 Latest Caselaw 3613 Mad

                                                                              C.R.P(MD).No.879 of 2023


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 31.03.2023

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN
                                             C.R.P(MD).No.879 of 2023
                                                      and
                                             CMP(MD)No.4021 of 2023


                  Sarojini                               ... Petitioner/Petitioner/Appellant

                                                         Vs.

                  S.L.Bright @ Lazarus Bright            ... Respondent/Respondent/Respondent

                  PRAYER:- This Civil Revision Petition has been filed under Article 227 of
                  the Constitution of India, to set-aside the order dated 12.01.2023 made in IA.
                  1 of 2022 in AS.No.16 of 2022 on the file of the Principal District Judge,
                  Tirunelveli and allow the Civil Revision Petition.

                                      For petitioner   : Mr.K.Vadivelu


                                                       ORDER

This petition has been filed to set-aside the order dated 12.01.2023

made in IA.1 of 2022 in AS.No.16 of 2022 on the file of the Principal District

Judge, Tirunelveli.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.879 of 2023

2.The petitioner is the unsuccessful plaintiff in O.S.No.17 of 2013

before the Sub Court, Valliyur. The suit was filed by the petitioner against the

respondent/defendant for a declaration and permanent injunction. The suit

filed by the petitioner was dismissed by the said Court by its judgment and

decree dated 26.02.2022. Aggrieved by the same, the petitioner has filed the

First Appeal in A.S.No.16 of 2022 before the Principal District Judge,

Tirunelveli. In the aforesaid appeal, the petitioner has filed I.A.No.1 of 2022

under Order 26 Rule 9 & 10 of CPC for appointing an Advocate

Commissioner. It is submitted that the Appellate Court has dismissed the said

interlocutory application by its order dated 12.01.2023. Aggrieved by the

same, the petitioner has filed the present Civil Revision Petition.

3.On query as to what purpose the petitioner wants to have appoint an

Advocate Commissioner, it was informed by the learned counsel for the

petitioner that the subject property was purchased by the petitioner through

the power of attorney and that the petitioner is in possession of the property.

For which, the petitioner has revenue records to substantiate the same.

4.Thus, it is clear attempt of the petitioner to appoint of an Advocate

Commissioner is only to collect the evidence as to alleged possession of the

property.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.879 of 2023

5.In my view, the order passed in IA.1 of 2022 in AS.No.16 of 2022

on the file of the Principal District Judge, Tirunelveli, dated 12.01.2023 does

not warrant any interference by this Court.

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

Consequently, the connected miscellaneous petition is closed.

31.03.2023

NCC : Yes/No Index : Yes/No Internet:Yes/No dss

To

1.The Principal District Judge, Tirunelveli.

2.The Record Keeper, V.R Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.879 of 2023

C.SARAVANAN,J.

dss

C.R.P(MD).No.879 of 2023 and CMP(MD)No.4021 of 2023

31.03.2023

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