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C. V. KARTHIKEYAN
Seenu @ Ramadass – Appellant
Versus
S. Palani – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, against the orders passed in I.A.No. 1996 of 2016 in O.S.No. 214 of 2012, dated 31.07.2017 on the file of the I Additional Chief Judge, City Civil Court, at Secunderabad.)
1. The Civil Revision Petition has been filed by the plaintiff in O.S.No. 10 of 2016 now pending on the file of the District Munsif cum Judicial Magistrate, Parangipettai, aggrieved by the order in I.A.No. 145 of 2017 dated 18.04.2017. The said application was filed under Order 26 Rule 9 CPC for appointment of an Advocate Commissioner. After counter had been filed by the respondents, the said application came to be dismissed necessitating the plaintiff to file the present Revision Petition.
2. O.S.No. 10 of 2016 had been filed by the revision petitioner/plaintiff Seenu @ Ramadass against 20 defendants. The 20th defendant is the Commissioner, Parangipettai Village Panchayat in Bhuvanagiti.
3. The suit had been filed seeking a declaration that there is a charge over the suit property for carrying out charity, which should be carried out, by anybody who is in possession and enjoyment of the properties and for a declaration
The main legal point established is that the appointment of an Advocate Commissioner to determine possession and physical features of the suit property should be considered at a later stage if requir....
The appointment of an Advocate Commissioner is not warranted when there is no dispute regarding the physical features of the properties, and the petitioner has to prove the case through oral and docu....
The main legal point established is that the purpose of an application for appointment of Advocate Commissioner under Order XXVI Rule 9 C.P.C. should be considered in light of the facts of the case a....
An Advocate Commissioner can be appointed to verify physical features of property but not to ascertain possession in a suit for injunction.
The main legal point established in the judgment is that the appointment of an Advocate Commissioner in a suit for bare injunction is permissible for identification and measurement of the property, a....
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