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2026 Supreme(Online)(Mad) 19696

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. MALA, J
Raja @ Perumalsamy – Appellant
Versus
Murthy @ K.R.Boopathi – Respondent


Advocates:
For the Appellants/Petitioners: Mr.J.Titus Enock
For the Respondents: R1 – Mr.B.Kumarasamy R2 to 4, R8 – No Appearance Rr 5, 6 And 7 - Insufficient Address

Table of Content
1. nature of the case and background. (Para 1 , 2 , 3 , 4)
2. petitioner's contention on the advocate commissioner's report. (Para 5 , 6)
3. court's analysis of procedural law regarding commissioners. (Para 7 , 8 , 9 , 10)
4. outcome and directions given by the court. (Para 12)

ORDER

The present Civil Revision Petition has been filed challenging the decreetal order dated 06.06.2025 passed in I.A.No.5 of 2025 in I.A.No.1 of 2019 in O.S.No.310 of 2008 on the file of the II Additional District Munsif Court, Erode, Erode District.

2. The petitioner herein is the fourth defendant and the first respondent herein is the plaintiff in the suit in O.S.No.310 of 2008. The suit was filed by the first respondent, for a preliminary decree for partition of his 1/4 share in the suit properties, and for a permanent injunction restraining the defendants from putting up construction in the suit properties.

3. The said suit was decreed as prayed for on 25.11.2013. Pursuant to the preliminary decree passed by the II Additional District Munsif, Erode in O.S.No.310 of 2008, the first respondent/plaintiff filed I.A.No.1 of 2019 for division of the suit property by metes and bounds and for allotm

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