G.Mahavishnu v. E.Gandhimathi

ORDER This Civil Revision Petition has been filed, challenging the impugned order dated 27.04.2022 passed by the II Additional District Munsif, Vridhachalam, in I.A. No.43 of 2022 in O.S. No.21 of 2022.

¶2Under 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 of the suit schedule property and to measure the same with the assistance of a Surveyor, has been dismissed.

¶3This Civil Revision Petition was filed in the year 2023. This Court had not granted any interim stay of further proceedings in the suit O.S. No.21 of 2022, pending on the file of the II Additional District Munsif, Vridhachalam. The suit has progressed further, and it is now informed by both the counsels that the suit is in the part-heard stage.

¶4The Trial Court, while dismissing the application filed by the petitioner, has observed that there is a boundary dispute between the parties and also a dispute between the parties in respect of the title documents and the revenue documents in respect of the suit schedule property and therefore, the said dispute can be decided only after trial and, therefore, there is no necessity for the appointment of an Advocate Commissioner as prayed for by the petitioner, who is the plaintiff in the suit.

¶5When the suit has been progressing and it has reached the trial stage, and the plaintiff has already filed the proof affidavit, this Court is not inclined to interfere with the impugned order, that too when adequate reasons have been given in the impugned order for rejecting the petitioner's application, seeking for appointment of an Advocate Commissioner.

¶6For the foregoing reasons, this Court is not entertaining this Civil Revision Petition. However, since the suit is of the year 2022 and the suit is in the part-heard stage, the only limited relief that can be granted in this Civil Revision Petition is to direct the Trial Court to dispose of the suit within a time frame to be fixed by this Court.

¶7Accordingly, this Civil Revision Petition is disposed of by directing the Trial Court, namely, the II Additional District Munsif, Vridhachalam, to dispose of the suit O.S. No.21 of 2022 within a period of six months from the date of receipt of a copy of this order. No costs. 02-07-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To The II Additional District Munsif, Vridhachalam. ABDUL QUDDHOSE J. ab

02-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE 1. G.Mahavishnu Petitioner(s) Vs 1. E.Gandhimathi 2.A.Rajarathinam Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 27.04.2022 in I.A.No.43 of 2022 in O.S.No.21 of 2022 on the file of the II Additional District Munsif at Vridhachalam and thus render justice. For Petitioner(s): M/s.S.Sasikala For Respondent(s): Mr.M.Kalaiyarasan