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2024 Supreme(Online)(MAD) 13774

HIGH COURT OF MADRAS
Hon`ble Mr Justice V. SIVAGNANAM
R. RAJKUMAR – Appellant
Versus
P. PARAMASIVAM – Respondent


O R D E R

The Civil Revision Petition is filed against the fair and decreetal order dated 11.12.2023 in I.A.No.1 of 2023 in OS No.194 of 2022 on the file of the Additional District Munsif Court, Tiruchengode.

2. The petitioners are plaintiffs and respondents are respondents 1 and

3 in OS.No.194 of 2022 on the file of the Additional District Munsif Court, Tiruchengode. The petitioners/plaintiffs have filed the suit for declaration, mandatory inunction and permanent injunction. Pending suit, the respondents 1 and 3 have filed an application in IA No.1 of 2023 for appointing an advocate commissioner to note down the ABCDE disputed area and the extent of pathway as claimed by the petitioners/plaintiffs. The learned judge, by order dated 11.12.2023, had allowed the application. Challenging the said order, the petitioners have filed the present civil revision petition.

3. Learned counsel for the petitioners submits that the petitioners themselves have admitted the alternation of the pathway. Under such circumstances, the commissioner need not be appointed. Hence seeking to allow the Revision.

4. On a perusal of the plaint, it is noticed that the plaintiffs sought for declaration of the right

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