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S. M. SUBRAMANIAM
P. Masa Naicker – Appellant
Versus
C. Rangasamy – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Fair and Final order dated 06.12.2022 in I.A. No. 5 of 2022 in O.S. No. 115 of 2019 on the file of District Munsif Court, Bhavani.
1. The civil revision petition is filed against the fair and decreetal order dated 06.12.2022 passed in I.A. No. 5 of 2022 in O.S. No. 115 of 2019.
2. The revision petitioners are the defendants and the respondent/plaintiff, who instituted a Suit for declaration and injunction. The trial had commenced in the Suit and the examination of plaintiff's side witnesses were completed. The Suit was listed for part cross-examination of DW-1 and at that point of time, in order to fill up lacuna and for the purpose of collecting evidence, the revision petitioners/defendants in the suit filed I.A. No. 5 of 2022 for appointment of an Advocate Commissioner to measure the property and submit a report.
3. The Trial Court adjudicated the issues and made a finding that the trial had commenced and examination of plaintiff's side witnesses were concluded. When the Suit is listed for the part cross-examination of DW-1, the Interlocutory Application is filed with an
The main legal point established in the judgment is that unless the earlier report of the Advocate Commissioner is scraped, the question of re-issuing the warrant does not arise.
The necessity of appointing an advocate commissioner to measure the property in order to adjudicate the issue between the parties, and the court's discretion to eschew an earlier commissioner's repor....
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