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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA
V.T. Narayanan [Died], N. Rajasekar, (S/o. Late V.T. Narayanan) – Appellant
Versus
A. Mani @ Mani Gurukkal, S/o. Arumugakurukal – Respondent
ORDER :
N. MALA, J.
(1) This Civil Revision Petition is filed against the order dated 13.10.2025 passed in IA.No.4/2025 in AS.No.59/2022 by the learned III Additional Judge, City Civil Court, Chennai, rejecting the petitioners' / plaintiffs' application filed under Order 26 Rule 9 of CPC to appoint an Advocate Commissioner to inspect and measure the plaintiffs' and defendants' properties with the aid of the Taluk Surveyor and to file a Report in the Appeal.
(2) The subject matter of the suit is, land measuring 96 sq.ft [2 x 48 sq.ft.] in New Door No.33C, [Old Door No.13C], Sivan Koil South Mada Street, Villivakkam, Chennai-600 049, in S.No.11A 7B2.
(3) The petitioners herein are the plaintiffs in the suit in OS.No.130/2013, filed for declaration of title, possession, permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the suit property and for mandatory injunction, directing the defendants to demolish the illegally constructed compound wall and pillars in the suit property.
GIST OF THE PLEADINGS OF THE PARTIES:-
(4) The case of the plaintiffs is that the suit property originally belonged to one Vivekanandan. The plaintiffs' fat
The appointment of an Advocate Commissioner under Order 26 Rule 9 of the CPC is essential in land disputes where precise measurement or inspection is required to resolve factual discrepancies in exte....
The discretion of appointing an Advocate Commissioner under CPC does not equate to gathering evidence; it serves to resolve disputes of property boundaries effectively.
The Advocate Commissioner's report is non-adjudicatory and serves only to assist the court, not to bind it in decision-making.
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