Govindarajan vs Mariappan on 29 June, 2021

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Madras High Court

Govindarajan vs Mariappan on 29 June, 2021

Bench: G.K.Ilanthiraiyan

                                                                                  CRP.PD.No.2813 of 2018


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 29.06.2021

                                                            CORAM

                                   THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                CRP.PD.No.2813 of 2018 and
                                                  CMP.No.16448 of 2018

                    Govindarajan                                              ..Petitioner

                                                             Vs.

                    1.Mariappan
                    2.Pachiyappan
                    3.Raja                                                       ..Respondents

                    PRAYER:


                              The Civil Revision Petition is filed under Article 227 of the
                    Constitution of India to set aside the order passed in IA.No.832 of
                    2017 in OS.No.167 of 2016 on the file of District Munsif, Palacode,
                    Dharmapuri District dated 05.01.2018.
                                           For Petitioner      : No appearance

                                           For Respondents     : Mr.P.M.Jayachandran

                                                            ORDER

This Civil Revision Petition is filed against the order passed in IA.No.832 of 2017 in OS.No.167 of 2016 on the file of District Munsif, Palacode, Dharmapuri District dated 05.01.2018, thereby dismissing the petition seeking appointment of advocate commissioner.

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2. The petitioner is the plaintiff and the respondents are the defendants. The petitioner filed suit for declaration and recovery of possession. While pending suit, the petitioner filed petition for seeking appointment of advocate commissioner to note down the extent of the encroached portion by the respondents. The court below dismissed the petition for the reason that already in the suit filed by the respondents 2 & 3 in OS.Nos.63 & 64 of 2014 on the file of the District Munsif Court, Palacode, advocate commissioner was appointed and filed his report. Therefore, the court below rightly dismissed the petition. As such this Court finds no infirmity or illegality in the order passed by the court below.

3. Accordingly, this civil revision petition is dismissed. Consequently, connected miscellaneous petition is closed. No order as to costs.




                                                                                              29.06.2021
                    Speaking/Non-speaking order
                    Index    : Yes/No
                    Internet : Yes/No
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