IN THE HIGH COURT OF JUDICATURE AT MADRAS Order reserved on : 15.12.2025 Order pronounced on : 30.01.2026 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.4166 of 2025 & CMP.Nos.31047 & 21410 of 2025 Jayabalan ... Petitioner Vs.

Pandiyan ... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair and decretal order dated 07.07.2025 passed in I.A.No.2 of 2025 in A.S.No.33 of 2023 on the file of the Principal Sub-

Court, Ariyalur.

For Petitioner : Mr.Usha Raman For Respondent : Mr.S.Parthasarathy for Mr.S.Jim Raj Milto

ORDER

The 2^nd defendant, who is the appellant in A.S.No.33 of 2023, pending the said first appeal, moved an application I.A.No. 2 of 2025 under Order XXVI Rule 9 of the Code of Civil procedure, 1908, seeking appointment of an Advocate Commissioner to fix the counter claim property and submit a plan and report with the assistance of the surveyor. The learned Principal Sub-Court, Ariyalur allowed the said application, as against which, the respondent/plaintiff has come up by way of this revision petition.

2.I have heard Mr.Usha Raman, learned counsel for the petitioner and Mr.S.Parthasarathy, learned counsel for Mr.