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2024 Supreme(Online)(MAD) 21701

HIGH COURT OF MADRAS
Honourable Mr Justice V. LAKSHMINARAYANAN
RAVI – Appellant
Versus
MANORANJITHAM (DIED) 1. Anandhi – Respondent


O R D E R

This civil revision petition is against the order dated 15.02.2024 passed by the learned Additional District Munsif, Thiruvallur in I.A.No.2 of

2023 in O.S.No.92 of 2009.

2. I.A.No.2 of 2003 is an application filed to scrap the report of the Advocate Commissioner which was submitted, pursuant to the orders passed in I.A.No.750 of 2014. The ground on which the petitioner wants scrapping of the report is that the Advocate Commissioner had not measured the property by taking boundary stones of adjacent lands and the surveyor had not cross-checked the measurement of the suit property and further, the surveyor had not measured the entire extent of S.Nos.290/1D and 290/1C. The learned trial Judge has considered the principles laid down by this Court in Padmanabhan Vs. Krishnamurthy [2005(3) CTC 619] and has come to a conclusion that the mere fact that the Advocate Commissioner had not measured certain extent does not mean that the report has to be scrapped and consequently dismissed the application, against which, this civil revision petition has been filed.

3. Heard Mr.R.Karunagaran, learned counsel for the civil revision petitioner.

4. The position of law on scrapping of a report

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