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2021 Supreme(Online)(MAD) 6280

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
SEETHARAMA CHETTIAR(DIED) – Appellant
Versus
MANNAU NATTAR (DEAD) – Respondent


O R D E R

This Civil Revision Petition is directed as against the fair and decretal order passed in I.A.No.587 of 2005 in A.S.No.224 of 2003 dated 14.10.2014 on the file of I Additional Sub Court, Villupuram, thereby, dismissing the petition seeking appointment of Advocate Commissioner.

2. The petitioners 2 to 8 herein are the legal heirs of the deceased/plaintiff. The plaintiff (since deceased) has filed a suit for declaration and recovery of possession, in respect of the suit schedule property. While pending the suit, at the request of the plaintiff herein, the Advocate Commissioner was appointed and his report and sketch, additional report and sketch were marked as Exs.C.1 to C.4. After considering the report submitted by the Advocate Commissioner as well as the examination of Surveyor, the suit was dismissed by the trial Court. Aggrieved by the same, the plaintiff preferred an appeal suit. While pending the appeal suit, the plaintiff filed an application again for appointment of Advocate Commissioner, on the ground that the Advocate Commissioner failed to note down the physical features of the adjacent property to the suit property and failed to measure the same. Whereas, the la

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