Govindan, S/o. Chithira Azhagu vs Malaichamy, S/o. Karuppiah

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 2937

C. SARAVANAN
Govindan, S/o. Chithira Azhagu – Appellant
Versus
Malaichamy, S/o. Karuppiah – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. S. Srinivasa Raghavan
For the Respondent: Mr. M.S. Jeyakarthick

ORDER :

Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal order dated 31.08.2021, made in I.A.No.1 of 2020 in A.S.No.53 of 2018, on the file of the Sub-Court, Sivagangai.

The unsuccessful defendant in O.S.No.158 of 2013 is the petitioner before this Court. The petitioner is challenging the impugned fair and decreetal order dated 31.08.2021, passed by the Sub-Court, Sivagangai, in I.A.No.1 of 2020 in A.S.No.53 of 2018.

2. By the impugned order, the Sub-Court, Sivagangai, has rejected I.A.No.1 of 2020 in A.S.No.53 of 2018 filed by the petitioner under Order XXVI Rule 9 of C.P.C. for appointment of an Advocate Commissioner. Relevant portion of the impugned order reads as under :-

3. The respondent herein had filed O.S.No.158 of 2013 for declaration before the District Munsif Court, Sivagangai, for declaration, recovery of possession of the suit property and for mandatory injunction to remove the encroachment allegedly made by the petitioner in the suit property.

4. In the said suit, the respondent/plaintiff had also filed I.A.No.1219 of 2013 for appointment of an Advocate Commissioner under Order XXVI Rule 9 of C.P.C. T

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