R. SAKTHIVEL
Thirusangu – Appellant
Versus
Collector of Villupuram District – Respondent
ORDER :
R.Sakthivel, J.
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal order dated June 28, 2022 made in I.A.No.1433 of 2021 in O.S.No.185 of 2016 on the file of the I Additional District Munsif Court, Kallakurichi.
This Civil Revision Petition is directed against the order dated June 28, 2022 passed in I.A.No.1433 of 2021 in O.S.No.185 of 2016 by the 'learned I Additional District Munsif, Kallakurichi' [henceforth 'Trial Court' for brevity].
2. The petitioner / plaintiff filed two Interlocutory Applications in I.A.Nos.1433 and 1434 of 2021 in O.S.No.185 of 2016 before the Trial Court for appointment of Advocate Commissioner and to re-open the plaintiff's side arguments and the Trial Court passed a common order in both the Interlocutory Applications. This Civil Revision Petition is filed by the revision petitioner against the order passed in I.A.No.1433 of 2021 in O.S.No.185 of 2016.
3. The revision petitioner herein is the plaintiff and respondents herein are the defendants in the Suit in O.S.No.185 of 2016 before the Trial Court.
4. For the sake of convenience, hereinafter the parties will be referred to
The court affirmed that applications filed after significant delays during reserved judgment phases are not maintainable, emphasizing reliance on revenue records for property status determination.
Re-litigating the same issue which has already been tried and decided earlier against a party amounts to an abuse of the process of Court.
The central legal point established in the judgment is the necessity and justifiability of re-issuing Commissioner's Warrant for measuring the suit property to resolve the dispute.
Court must grant opportunity to plaintiff to prove case by all means including through Advocate Commissioner when helpful for adjudication.
Belated filing of petitions without valid reasons and allowing suit proceedings to progress without raising objections earlier may lead to dismissal of revision petitions.
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