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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Periasamy – Appellant
Versus
K.Boopalan – Respondent
ORDER :
P.B.BALAJI, J.
The Civil Revision Petition has been filed challenging the order order dated 14.08.2023 passed in I.A.No.4 of 2022 in O.S.No.6 of 2019 on the file of the District Munsif, Mettur.
2. The revision petitioners are the defendants in O.S.No.6 of 2019 before the District Munsif Court, Mettur. The suit has been filed by the 1st respondent as plaintiff, for the relief of declaration of title and consequential injunction and other reliefs pertaining to the property comprised in S.No.118/4B, New S.No.118/4B3B, measuring 2 cents, which has been set out in schedule 'B' of the plaint. The plaintiff filed an application in I.A.No.4 of 2022 for appointment of an Advocate Commissioner. The said application was resisted by the revision petitioners by filing a detailed counter and also marking documents vide Ex.R1 to R5. The Trial Court has proceeded to allow the application for appointment of Advocate Commissioner, as against which the present revision has been filed before this Court.
3. I have heard Mr.S.R.Karthikeyan, learned counsel for the petitioner, Mr.V.Elangovan, learned counsel for the 1st respondent and Mr.A.Anandan, learned Government Advocate for the respondents 3 to
A Trial Court may appoint an Advocate Commissioner even if prior applications existed in earlier suits about different survey numbers, as adjudication may require new assessments.
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 court reaffirmed that the appointment of an Advocate Commissioner is not warranted if the application primarily seeks evidence gathering rather than boundary identification.
The High Court's supervisory jurisdiction under Article 227 is limited to correcting jurisdictional errors, ensuring proper exercise of powers by trial courts.
The court emphasized that an Advocate Commissioner can be appointed to document property features in injunction suits if property identity is disputed, regardless of possession.
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