IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE N. SENTHILKUMAR
Lakshmanan – Appellant
Versus
Panchavarnam – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.02.2026 CORAM THE HONOURABLE MRS. JUSTICE N.SENTHILKUMAR CMP(MD).No.2097 of 2026 Lakshmanan ... Petitioner Vs Panchavarnam ... Respondent PRAYER :- Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records pertaining to the fair and decreetal order passed by the learned District Munsif Court, Pudukkottai dated 12.12.2025 in I.A.No.7 of 2025 in O.S.No.189 of 2016 and to set aside the same.
For Petitioner : Mr.N.J. Ameer Hussain ORDER This Civil Revision Petition has been filed to call for the records pertaining to the fair and decreetal order passed by the learned District Munsif Court, Pudukkottai, dated 12.12.2025 made in I.A. No. 7 of 2025 in O.S. No. 189 of 2016 and to set aside the same.
2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
3. Aggrieved by the order passed by the trial Court appointing an Advocate Commissioner in I.A. No. 7 of 2025, the present Civil Revision Petition has been filed.
4. The learned counsel appearing for the revision petitioner submitted that the trial court has not assigned any proper reasons for appointing the Advocate Commissioner. It is further submitted that the warrant of appointment is only for the purpose of measuring the property with reference to its boundaries, with the assistance of a qualified surveyor.
5. On perusal of the order, this Court does not find any infirmity in the order passed by the trial court. The appointment of an Advocate Commissioner is only to measure the property and note down the physical features so as to assist the Court in effectively adjudicating the issues involved, particularly with regard to identification and measurement of the property. There is nothing preventing the revision petitioner from raising objections, if any, to the report of the Advocate Commissioner. The revision petitioner is also entitled to examine the Advocate Commissioner and subject him to cross-examination during trial. The report of the Advocate Commissioner is only an aid to the Court and is not conclusive proof. It is one of the pieces of evidence to be considered along with other materials available on record. Hence, this Court finds no infirmity in the order passed by the trial Court warranting interference.
6. Accordingly, this Civil Revision Petition is dismissed. The revision petitioner is at liberty to raise objections at the time of inspection and during trial. No costs. Consequently, the connected Miscellaneous Petition is closed.
20.02.2026 TRP Index : yes / no Internet: yes/ no TO District Munsif Court, Pudukkottai N.SENTHILKUMAR, J., trp CMP(MD).No.2097 of 2026
20.02.2026
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