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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.KALAIMATHI
Malliga – Appellant
Versus
Mageshwari – Respondent
| Table of Content |
|---|
| 1. filing of a civil revision petition and facts surrounding the application for an advocate commissioner. (Para 1 , 2 , 3) |
| 2. arguments presented regarding necessity of evidence for recovery of possession. (Para 4 , 5) |
| 3. court's reasoning on the necessity of appointment for effective adjudication. (Para 6 , 7 , 8) |
ORDER :
R. KALAIMATHI, J.
This Civil Revision Petition is filed by the sole plaintiff, aggrieved by the order passed in I.A.No.233 of 2022 in O.S.No.165 of 2022 dated 04.08.2022 on the file of the Principal Subordinate Court, Tindivanam. A suit was filed by the revision petitioner/plaintiff against the respondents for the relieves of declaration of title, mandatory injunction to remove the encroached portion, for recovery and for permanent injunction not to proceed with the construction. The suit property is a vacant plot measuring about 1090 sq.ft. (0.002 1/2 cent) situated at Tindivanam Taluk, Avaraipakkam S.R.D, Salavathi Village as per the Natham Land Tax Scheme 140/3B in New Survey No.140/3, Old Survey No.90/3.
2. An application was filed by the plaintiff under Order XXVI Rule 9 of CIVIL PROCEDURE CODE , 1908 for appointment of an Advocate Commissioner
Appointment of an Advocate Commissioner is vital under Order XXVI Rule 9 in land disputes to ensure effective adjudication and gain necessary evidence for property encroachment issues.
The petitioner must prove his title and seek recovery of possession based on his title, and the appointment of Advocate Commissioner may be deemed unnecessary if the possession of the defendant over ....
Advocate Commissioner appointment justified to measure properties and note encroachments aiding adjudication.
The court clarified the need for an Advocate Commissioner to assess encroachments on property as essential for proper adjudication.
Appointment of an Advocate Commissioner for property inspection is permissible and does not constitute evidence collection, facilitating resolution of title disputes without prejudice to rights.
The appointment of a Civil Court Commissioner under Order XXVI Rule 9 is essential in boundary disputes to ascertain possession and clarify any allegations of encroachment.
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