BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.01.2026 CORAM THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and CMP(MD) No.450 of 2026 S.Xavier Leon ... Petitioner Vs S.A.Johnson ... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 29-07-2025 passed in I.A.No.08 of 2025 in O.S.No.16 of 2020 on the file of the II Additional District Munsif Court, Nagercoil.

For Petitioner : Mr.S.Vashik

ORDER

This Civil Revision Petition has been filed challenging the order made in I.A.No.8 of 2025 in O.S.No.16 of 2020 dated 29.07.2025 on the file of the II Additional District Munsif Court, Nagercoil.

2.The respondent/plaintiff has filed a suit in O.S.No.16 of 2020 before the II Additional District Munsif Court, Nagercoil, for the relief of permanent injunction. Pending suit, the respondent/plaintiff has filed an application in I.A.No.8 of 2025 for appointment of an Advocate Commissioner to inspect and note down the physical features of the property, to find out the encroachment, trespasses and damages of the property and to take photographs of entire land and structure in assistance with a Taluk Surveyor and the same was allowed on 29.07.2025. Challenging the same, the present Civil Revision Petition has been filed.

3.The learned counsel for the petitioner would submit that the factum of possession can be proved by producing documentary evidence by either side and there is no necessity to file an application by the respondent for appointment of an Advocate Commissioner to dis-prove the case of the petitioner. He would further submit that the scope of appointment of an Advocate Commissioner is beyond the scope of the prayer made in the suit. Hence, he prays for appropriate orders.

4.Heard the learned counsel for the petitioner.

5.Admittedly, the respondent filed O.S.No.16 of 2020 for permanent injunction and pending suit, he filed I.A.No.8 of 2025 for appointment of an Advocate Commissioner for the relief stated supra and the same was allowed on 29.07.2025, which is under challenge herein.

6.It is to be noted that the appointment of the Advocate Commissioner is within the powers of the trial Court under the Code of Civil Procedure. The Advocate Commissioner shall survey and inspect the property and shall record the factual position with regard to boundaries, measurements and existing structures.

7.Further, it is well settled that a Commissioner's report is merely a piece of evidence and not a conclusive proof. When such a report is contrary to the admitted documents, an aggrieved party is always at liberty to cross-examine the Advocate Commissioner for disproving the report filed by him/her, by producing necessary documents at the time of trial.

8.However, in the case on hand, this Court finds that when the suit is filed for permanent injunction and the same is pending consideration, the prayer made in the application seeking a finding on encroachments and trespasses is beyond the scope of the relief claimed in the suit. The Advocate Commissioner is, therefore, prohibited from expressing any opinion or conclusion regarding encroachments, trespasses, or ownership disputes beyond factual observations and is directed to survey and inspect the property and to record the factual position with regard to boundaries, measurements and existing structures.

9.The Civil Revision Petition stands disposed of with the above directions and the Court below is directed to ensure strict compliance with these instructions while recording the report of the Advocate Commissioner. No costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 21.01.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To The II Additional District Munsif, Nagercoil.

N.SENTHILKUMAR, J.

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21.01.2026