Mahalakshmi v. Balasubramaniyam

ORDER This Civil Revision Petition has been filed challenging the impugned order dated 23.09.2024 passed by the District Munsif Court, Dharapuram, Tiruppur District in I.A.No.3 of 2023 in O.S.No.303 of 2022. Page No.2 of 6

¶2In the aforesaid order, the application filed by the petitioner/plaintiff seeking appointment of an Advocate Commissioner along with a Surveyor and measure the property and thereafter, submit a report, has been partly allowed. Though the petitioner in I.A.No.3 of 2023 sought appointment of an Advocate Commissioner along with Surveyor for the purpose of measurement of the suit schedule property, the trial court under the impugned order has only appointed an Advocate Commissioner and the Surveyor has not been appointed.

¶3According to the petitioner, only if a Surveyor is appointed the actual measurement of the suit schedule property and its correct boundaries can be ascertained. The suit has been filed for permanent injunction to restrain the respondent/defendant from interfering with the peaceful possession and enjoyment of the suit schedule property by the petitioner. The trial court under the impugned order has held that the appointment of a Surveyor is unnecessary. This Court is of the considered view that no prejudice will be caused, if a Surveyor accompanies the Advocate Commissioner for the purpose of measuring the suit schedule property in order to get the actual measurement of the suit schedule property and for ascertaining the correct boundaries. Page No.3 of 6

¶4Learned counsel for the petitioner also submits that Surveyor is required to be appointed to measure the suit schedule property correctly and to note down the correct boundaries for the purpose of effective adjudication of the suit. The case of the petitioner is that the respondent is an encroacher interfering with the petitioner's peaceful possession and enjoyment of the suit schedule property.

¶5As observed earlier, no prejudice would be caused to any of the parties, if a Surveyor accompanies the Advocate Commissioner to measure the suit schedule property and to note down the boundaries of the suit schedule property.

¶6The respondent has been duly served with the notice in this revision and the name of the respondent is also printed in the cause-list today.

¶7For the foregoing reasons, this Civil Revision Petition is disposed of by directing the Advocate Commissioner appointed by the trial court to seek assistance of the Surveyor and thereafter, measure the suit schedule property with the assistance of the said Surveyor and also note down the boundaries of Page No.4 of 6 the suit schedule property and thereafter, submit a report to the District Munsif Court, Dharapuram, Tiruppur District in terms of the directions issued by the trial court under the impugned order passed in I.A.No.3 of 2023 in O.S.No.303 of 2022. The Advocate Commissioner shall submit a report before the trial court, within a period of eight (8) weeks from the date of receipt of a copy of this order. Learned counsel for the petitioner is directed to communicate this order to the Advocate Commissioner as well as the respondent. No costs. Consequently, the connected miscellaneous petition is closed. 16-07-2026 Index: Yes/No Speaking/Non-speaking order sp Page No.5 of 6 To The District Munsif Court, Dharapuram, Tiruppur District. Page No.6 of 6 ABDUL QUDDHOSE J. sp AND CMP NO. 14510 OF 2025 16-07-2026

Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE AND CMP NO. 14510 OF 2025 Mahalakshmi ..Petitioner Vs Balasubramaniyam ..Respondent Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair and final order dated 23.09.2024 passed in I.A.No.3 of 2023 in O.S.No.303 of 2022 on the file of District Munsif Court, Dharapuram, Tiruppur District and allow the above Civil Revision Petition. For Petitioner: Mr.P.Navaneetha Krishnan For Respondent: No appearance