Govindarajan v. Chellakutty

ORDER This Civil Revision Petition has been filed, challenging the impugned order dated 16.04.2026 passed by the District Munsif Court, Sankarapuram, in I.A. No.1400 of 2024 in O.S. No. 129 of 2019.

¶2In the aforesaid order, the application filed by the petitioner, who is the plaintiff in the suit, seeking for appointment of an Advocate Commissioner to note down the physical features and measure the suit schedule property with the help of a surveyor, has been dismissed. The trial Court, while dismissing the application, has held that since the application has been filed after a period of six years, is not maintainable. The trial Court has also further observed that the Advocate Commissioner cannot be appointed to collect evidence.

¶3This Court does not find any infirmity in the reasons given by the trial Court for dismissing the petitioner's application. Admittedly, the suit has been filed for declaration of title. The petitioner / plaintiff will have to prove his case with the aid of oral and documentary evidence. No useful purpose will be served if an Advocate Commissioner is appointed to note down the physical features of the suit schedule property and measure the suit schedule property.

¶4The trial Court has also rightly rejected the petitioner's application on the ground of inordinate delay in filing the same. Admittedly, the petitioner/plaintiff had filed the application after a lapse of six years. As rightly pointed out by the trial Court, the petitioner cannot seek for appointment of an Advocate Commissioner to collect evidence.

¶5Since there is no merit in this Civil Revision Petition, this Civil Revision Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

¶6Since no adverse orders are passed against the respondents, notice to the respondents is dispensed with by this Court. 22-07-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To The District Munsif Court, Sankarapuram. ABDUL QUDDHOSE J. ab and CMP No. 17816 of 2026 22-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE and CMP No. 17816 of 2026 1. Govindarajan Rep. by his power agent, Periyayi, W/o. Govindarajan, Puthirampattu Village, Sankarapuram Tk., Kallakurichi Dist. Petitioner(s) Vs 1. Chellakutty S/o.Mari, Rest.at Puthirampattu Village, Sankarapuram Tk., Kallakurichi Dist. 2.Selvam @ Panner Selvam S/o.Mari, Rest.at Puthirampattu Village, Sankarapuram Tk., Kallakurichi Dist. 3.Elumalai S/o.Mari, Rest.at Puthirampattu Village, Sankarapuram Tk., Kallakurichi Dist. 4.The Asst.Engineer Operation/Maintenance Divison, Tamil Nadu Generation and Distribution Corporation, Puthupattu Village, Present Vanapuram Tk. 5.The Assistant Executive Engineer (West) Operation/ Maintenance Division, Tamil Nadu Generation and Distribution, Corporation, Sankarapuram Town, Sankarapuram Tk. 6.The Superintendent Engineer Tamil Nadu Generation and Distribution Corporation, Kallakurichi. Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 16-04-2026 passed in IA.No.1400 of 2024 in OS.No.129 of 2019 on the file of the Dist.Munsif Court, Sankarapuram. For Petitioner(s): Mr. R.Bharath Kumar For Respondent(s): Notice dispensed with