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2013 Supreme(Mad) 3058

K.SUGUNA, M.DURAISWAMY
Banu @ Banumathi – Appellant
Versus
Muniammal – Respondent


Advocates Appeared:
For the Petitioners:G. Rajan, Advocate.
For the Respondent:J. Ramakrishnan, Advocate.

Judgment :

M. Duraiswamy, J.

1. A learned Judge of this Court has referred the above Civil Revision Petition to a Division Bench for considering the following question:-

"Whether an Advocate Commissioner can be appointed to ascertain the age of a building?"

2. Before the learned single Judge, the learned counsel appearing for the petitioners relied upon a judgment reported in 2002 (2) CTC 199 (Saraswathy and another vs. Viswanathan) wherein this Court held as follows:–

"15. In view of the discussion above, the civil revision petition is allowed. The lower Court shall appoint an Advocate Commissioner for the purpose set out in the petition in support of the application for appointment of an Advocate Commissioner. The Advocate Commissioner shall measure the properties of both the parties and also note down whether there are projections of the sunshades over the plaintiff's School Buildings on the defendant's property. The Commissioner shall also note down the age of the buildings of the plaintiffs and submit his report. The parties shall file copies of their respective title deeds and also the plans from the Municipality to enable the Commissioner to inspect and file a proper report."

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