Back
P. VADAMALAI
Z. 857 Thirubuvanam Co-operative House Construction Society Ltd. , By its President Krishnakumar, Thirubuvanam – Appellant
Versus
Latha – Respondent
JUDGMENT
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair order and decreetal order dated 12.12.2017 made in I.A.No.98 of 2017 in O.S.No.35 of 2017 on the file of the Principal District Munsif, Kumbakonam.)
1. This Civil Revision Petition is filed against the fair order and decreetal order passed in I.A.No.98 of 2017 in O.S.No.35 of 2017 on the file of the District Munsif Court, Kumbakonam.
2. The brief facts of the case:
The revision petitioners are the defendants in O.S.No.35 of 2017 on the file of the District Munsif Court, Kumbakonam. The revision respondent has filed a main suit for bare injunction restraining them from interfering with her peaceful possession of the suit property. The revision respondent has filed a petition in I.A.No.98 of 2017 for appointment of an Advocate/Commissioner to note down the physical features of the suit properties. The revision petitioners/defendants objected the said petition. After hearing both, the Trial Court has allowed the petition in I.A.No.98 of 2017 in O.S.No.35 of 2017. Aggrieved by the order of the Trial Court, the revision petitioners/defendants approached this Court by way of t
The discretion of appointing an Advocate Commissioner under CPC does not equate to gathering evidence; it serves to resolve disputes of property boundaries effectively.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
