Madras High Court
S.C.Magesh vs S.Krishnamoorthy on 28 April, 2018
Author: M.Govindaraj
Bench: M. Govindaraj
In the High Court of Judicature at Madras DATED : 28.04.2018 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P.(PD) NO.2797 OF 2017 AND CMP NO.13240 OF 2017 1.S.C.Magesh 2.K.S.S.Kumaresan ... Petitioners Vs. S.Krishnamoorthy ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 17.02.2017 made in I.A.No.975 of 2016 in R.C.O.P.No.2 of 2015 on the file of the I Additional District Munsif Court, Erode. For Petitioners : Mr.M.Guruprasad O R D E R
This Civil Revision Petition is directed against the dismissal of the interlocutory application to appoint an Advocate Commissioner.
2. The learned counsel for the petitioners would submit that to assess the value of the building and superstructure with the assistance of a qualified engineer, an Advocate Commissioner need to be appointed.
3. It is well settled that in order to prove the value of the building, the petitioner has to mark suitable documents and adduce oral evidence. For the purpose of proving that the petitioner has made improvements and put up superstructure in the property, Advocate Commissioner cannot be appointed. As stated earlier, it should be proved by oral and documentary evidence. The Trial Court has rightly dismissed the application and therefore, the order of the Trial Court need not be interfered with.
4. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed.
28.04.2018 Index : Yes/No Internet : Yes/No TK To The First Additional District Munsif Erode.
M.GOVINDARAJ, J.
TK C.R.P.(PD) NO.2797 OF 2017 28.04.2018