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2024 Supreme(Online)(MAD) 28285

HIGH COURT OF MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
H.LALITH JAIN – Appellant
Versus
SARAVANABHAVAN – Respondent


O R D E R

This civil revision petition challenges the order passed by the II Additional District Munsif at Erode in memo dated 21.06.2024 in I.A. No. 2 of 2022 in I.A. No. 1 of 2019 in O.S. No. 388 of 2017.

2. O.S. No. 388 of 2017 is a suit filed by the civil revision petitioner seeking a permanent injunction restraining the respondents from interfering with his peaceful possession and enjoyment of the property. Along with the suit, the plaintiff filed an application in I.A. No. 643 of 2017 seeking for appointment of an Advocate Commissioner to note down the physical features of the property, alleging that, the respondents were proceeding with certain constructions.

3. Accepting the case of the plaintiff, an Advocate Commissioner was also appointed by an order dated 13.10.2017. The Advocate Commissioner visited the suit property on 16.10.2017 and submitted an interim report. Since the Advocate Commissioner did not proceed further to file a final report, an application was filed in I.A. No. 2 of 2022 to appoint a new Advocate Commissioner to note down the physical features. The Advocate Commissioner, Mr. V.P.Sankar Kumar, did not file a report on account of the fact he left practising

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