N.Ramachandran vs V.Kanagaraj on 2 June, 2015

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Madras High Court

N.Ramachandran vs V.Kanagaraj on 2 June, 2015

Bench: K.K.Sasidharan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 02.06.2015

CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN

C.R.P.PD (MD).No.984 of 2015
to
C.R.P.PD (MD).No.987 of 2015
and
M.P.(MD) Nos.1 of 2015 in all petitions

C.R.P.No.984 of 2015

N.Ramachandran					...    Petitioner
				 	Vs.

1.V.Kanagaraj
2.V.Seenivasan					...   Respondents

Prayer:
	Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the petition order passed in I.A.No.654
of 2015 in O.S.No.66 of 2015 dated 28 April 2015 on the file of the District
Munsif, Srivaikundam.

C.R.P.No.985 of 2015

1.K.Gengan
2.G.Perumal						...    Petitioners
				 	Vs.

P.Valliammal						...   Respondent

Prayer:
	Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the petition order passed in I.A.No.656
of 2015 in O.S.No.67 of 2015 dated 28 April 2015 on the file of the District
Munsif, Srivaikundam.




C.R.P.No.986 of 2015

1.P.Ramasubbu Naicjer
2.S.Senthattaya Pillai					...    Petitioners
				 	Vs.

S.Selvaraj						...   Respondent

Prayer:
	Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the petition order passed in I.A.No.642
of 2015 in O.S.No.63 of 2015 dated 27 April 2015 on the file of the District
Munsif, Srivaikundam.

C.R.P.No.987 of 2015

1.M.Muthukrishnan
2.V.Venkatesan						...    Petitioners
				 	Vs.

S.Raj							...   Respondent

Prayer:
	Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the petition order passed in I.A.No.639
of 2015 in O.S.No.62 of 2015 dated 27 April 2015 on the file of the District
Munsif, Srivaikundam.

!For Petitioners in
	all petitions	 	: Mr.D.Srinivasaragavan

^For Respondents in	
	all petitions		 :  Mr.T.Selvan

:ORDER

Heard the learned counsel for the petitioners in all the civil revision petitions and the counsel for the respondents, who are on caveat.

2.By consent, the Civil Revision Petitions are taken up for final disposal during the time of admission.

3.The first respondent in the concerned Civil Revision Petitions filed civil suits before the learned District Munsif, Srivaikundam, praying for decree of declaration and injunction. The plaintiffs in the respective suits have filed independent applications for issuance of commission emergently. The learned trial Judge without considering the merits of the matter, straightaway appointed advocate commissioner to inspect the property and file a report. The orders appointing advocate commissioners in the respective suits are challenged in these civil revision petitions.

4.The orders passed by the learned trial Judge do not contain any justifiable reason for appointing advocate commissioner exparte. The learned trial Judge straightaway allowed the applications, without making any effort to ascertain as to whether the appointment of advocate commissioner emergently is necessary. There was not even a direction to issue notice to the petitioner herein before inspecting the property. It is true that the respondents have filed individual applications in all the suits for appointment of commissioner. Since the prayer was to issue commission without notice to the other side, the learned trial Judge was expected to consider the urgency. Unfortunately, the learned District Munsif, Srivaikundan failed to consider the merits of the matter and the so called urgency before allowing the applications. I am therefore of the view that the impugned orders are liable to be set aside.

5.In the result, the impugned orders are set aside. The applications for appointment of advocate commissioner are restored to file. The learned trial Judge is directed to give opportunity of hearing to the parties to decide the matter on merits and as per law.

6.The Civil Revision Petitions are allowed as indicated above. No costs. Consequently, connected M.P.(MD) No.1 of 2015 in all the petitions are closed.

1.The District Munsif , Srivaikuntam.

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