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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.KALAIMATHI
Malliga – Appellant
Versus
Mageshwari – Respondent
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 to measure the suit property with the help of Surveyor and Village Administrative Officer, and to file a report along with sketch.
3. The respondents resisted the said application by filing counter stating that, as the respondents refused to sell their property to the petitioner and the 1st respondent has purchased the adjacent pr
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 ....
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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