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V.M.B.Mohammed Gani vs S.Ayesha Siddika on 24 July, 2014

Further, in the other decision of this Court relied on by the learned counsel for the respondent reported in 2010-4-L.W.318 (Rabiya Basheer Ali Vs. C.DEvandra Prasad), this Court held that an exparte interim order for appointment of Commissioner under 18(A) of the Act could be justified, only when a landlord or tenant is high-handedly, started in pulling down a portion of the building or making unauthorised construction or causing waste or damages or creating public nuisance, by way of causing annoyance, in order to safe guard the property and protect the valuable right of an aggrieved party, otherwise only after providing opportunity to the other side, Advocate-Commissioner be appointed.
Madras High Court Cites 4 - Cited by 1 - R Mala - Full Document

R.Krishnamurthy vs M/S.Gem Granites on 14 February, 2024

4. Learned counsel for the respondents submitted that the suit is for specific performance that too based upon an oral agreement of sale and without any payment of consideration, to note down the physical features of the suit property, is unwarranted. Further, for the purpose of collecting 3 of 7 https://www.mhc.tn.gov.in/judis CRP No.53 of 2024 evidence, advocate commissioner could not be appointed. To support his argument, learned counsel has relied upon the order passed by this Court in the case of Rabiya Basheer Ali vs C.Devandra Prasad dated 19.05.2010. Therefore, the trail court has rightly dismissed the said application. Hence, he seeks to dismiss the Revision.
Madras High Court Cites 2 - Cited by 0 - V Sivagnanam - Full Document
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