THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2025 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR C.R.P.(PD)(MD)No.597 of 2025 and C.M.P(MD)No.3239 of 2025 A.Paulraj ...Petitioner/Respondent/Defendant Vs.

Kavitha ...Respondent/Petitioner/Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, against the Fair and Decreetal order, dated 01.10.2024 passed in I.A.No.3 of 2024 in O.S.No.115 of 2024 on the file of District Munsiff Court, Alangulam.

For Petitioner : Mr.S.C.Herold Singh * * * * * ORDER The defendant in O.S.No.115 of 2024, on the file of the District Munsif Court, Alangulam, has filed the present revision petition, challenging the order of the trial Court, wherein an Advocate Commissioner has been appointed to note down the extent of construction put up by the defendant.

2.The respondent herein as plaintiff had filed the above said suit for the relief of declaration of title, permanent injunction and for declaration that a particular document is null and void. Pending suit, the plaintiff had filed I.A.No.2 of 2024, seeking interim injunction not to put up any construction over the suit schedule properties. The said application was partly allowed directing the parties to maintain status quo. In such circumstances, I.A.No.3 of 2024 had been allowed by the trial Court to find out the extent of construction put up by the defendant in the suit schedule properties, pending application for interim injunction. Challenging the same, the present revision petition has been filed.

3.According to the learned Counsel appearing for the revision petitioner, the suit is for declaration of title and for permanent injunction and therefore, appointment of Advocate Commissioner is not necessary.

4.A perusal of the records reveals that the plaintiff had filed I.A.Nos.2 and 3 of 2024 along with the suit seeking interim injunction not to put up construction and for appointment of an Advocate Commissioner. Both these applications were disposed of together by the trial Court, wherein an order of status quo has been granted in the interim injunction application. Therefore, the trial Court has proceeded to allow the commissioner's application to find out the extent of construction put up by the defendant, pending injunction application. This Court does not find any reasons to interfere in the order passed by the Trial Court. There are no merits in the revision petition. Accordingly, this Civil Revision Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is also closed.

27.02.2025 Internet:Yes/No Index:Yes/No RJR To The District Munsiff Court, Alangulam.

Copy to:-

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

R.VIJAYAKUMAR , J.

RJR

27.02.2025