The court held that the measurement of defendant's property is unnecessary in a suit solely for declaration of title.

EASWARAN S., J --------------------------------

O.P.(C) No.2885 of 2024 -------------------------------

Dated this the 25^th day of March, 2026 JUDGMENT The Original Petition challenges Ext.P6 order by which the court below refused the prayer of the petitioner to remit the report of the Advocate Commissioner. The petitioner/plaintiff filed a suit for declaration of title and consequential mandatory injunction. Property of the plaintiff was identified through the Advocate Commissioner and Ext.P4 report is filed. Subsequently, an application for remitting the report was sought for on the protest that the property of the defendants should also be identified. The Advocate Commissioner, who inspected the plaintiff’s property filed Ext.P4 report stating that the property has been identified in terms of the title deed. Therefore, the court below found that in as much as the suit is only for declaration of title, there is no requirement to measure the defendant’s property. Accordingly, the application was dismissed.

2. Heard Sri.K.Ramakumar, learned Senior Counsel appearing for the petitioner and Sri.K.P.Sudheer, learned counsel appearing for the respondent.

3. On considering the submissions raised across the Bar and also perusing the reliefs sought for in the suit which is produced as Ext.P1, this Court finds that there is no illegality or impropriety or jurisdictional error in the order passed by the Munsiff Court. The only ground on which the petitioner has sought for remission of the report of the Commissioner is to enable the commissioner to measure out the property of the defendant. The court below has clearly found that the measurement of the property of the defendant is not warranted in the suit and as much as the suit is only for the declaration of title. Consequently, this Court finds that there is no illegality, impropriety in the impugned order. Accordingly, the Original Petition fails and the same is dismissed.