IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-03-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI C.R.P.(PD) No. 1138 of 2026 and C.M.P.No.5920 of 2026

1.Dr.K.Ramani 2.Mrs.K.Rohini Both rep. by their POA agent, Mr.N.Jeyachandran

3.Mr.N.Jeyachandran ..Petitioners Vs.

Mr.G.S.Anandraj ..Respondent Prayer: This Civil Revision Petition has been filed under Article 227 of the Constitution of India praying to call for the records relating to the order dated 04.12.2025 passed in I.A.No.7 of 2025 in I.A.No.4 of 2022 in O.S.No.2733 of 2016 on the file of the I Assistant City Civil Court, Chennai set aside the same, direct reopening of I.A.No.4 of 2022 and order further inspection of Item No.1 of the suit schedule property by an Advocate Commissioner.

For Petitioners : Mr.S.Mukunth, Senior Counsel for Mr.C.Rajakumar

ORDER

This Civil Revision Petition has been filed by the Petitioners praying to set aside the Order dated 04.12.2025 in I.A.No.7 of 2025 in I.A.No.4 of 2022 in O.S.No.2733 of 2016 passed by the learned I Assistant Judge, City Civil Court, Chennai and direct reopening of I.A.No.4 of 2022 and order, further inspection of Item No.1 of the suit schedule property by an Advocate Commissioner.

2. The brief facts of the case are as follows:

The Petitioners had filed a suit in O.S.No.2733 of 2016 before the City Civil Court, Chennai for the relief of permanent injunction restraining the Respondent, his men, agents, servants, relatives or his attorneys or any other persons acting on his behalf or instructions or claiming right under him, from in any manner interfering or disturbing with the Petitioners’ peaceful possession and enjoyment of the suit schedule property. Subsequently, the Petitioners had filed an Interlocutory Application in I.A.No.4 of 2022 in O.S.No.2733 of 2016 praying to pass an order for appointment of an Advocate Commissioner to inspect the suit schedule property and to take measurements of the same and also, to locate & identify the Plot No.42 of Layout No.LPDM/DTP No.16/1973 (revised layout of LPDM/DTP No.32/68) in S.No.317/1A1 of Velachery Village, if need, be with the assistance of Taluk Surveyor, Office of the Tahsildar, Velacherry Taluk and to file a report thereof with sketch, measurements and photographs of the said properties. The learned I Assistant Judge, City Civil Court, Chennai vide Order dated 25.10.2024 in I.A.No.4 of 2022 in O.S.No.2733 of 2016, appointed one Mr.E.Venkatesan, Advocate as an Advocate Commissioner to inspect the suit schedule property viz., Item No.1: A vacant land situated at No.137, Velachery Village, SRI Bhuvaneswari Nagar, Velacherry Taluk, Chennai District, comprised in S.No.317/1, (Part) bearing Plot Nos.223 & 224 measuring an extent of

7,650 Sq.ft.

Item No.2: A building site situated in No.137, Velacheri Village, presently Velacheri Taluk, Chennai bearing Plot No.42 in approved Layout No.LPDM/DTP No.16/1973 in S.No.317/1A1 of Velacherry Village measuring an extent of 2,400 Sq.ft.

and to procure the documents including layout plan from the Directorate of Town and Country Planning or its subordinate officers and to inspect and measure the property with the help of Surveyor and identify the property, fix boundaries and file a report before the Court, within two weeks from the date of receipt of warrant.

3. Pursuant to the aforesaid order dated 25.10.2024, the Advocate Commissioner had executed the warrant issued to him as per the direction issued by the learned I Assistant Judge, City Civil Court, Chennai in the aforesaid order dated 25.10.2024 in I.A.No.4 of 2022 in O.S.No.2733 of 2016 and filed his Report before the Court on 23.01.2025. However, the Petitioners had filed their Objection dated 20.03.2025 to the Report of Advocate Commissioner.

4. Subsequently, the Petitioners had filed an Interlocutory Application in I.A.No.7 of 2025 in I.A.No.4 of 2022 in O.S.No.2733 of 2016 praying to reopen I.A.No.4 of 2022 and to direct the previously appointed Advocate Commissioner to revisit a