IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
Thanikachalam – Appellant
Versus
The District Collector – Respondent
| Table of Content |
|---|
| 1. challenges trial court rejection of commissioner application (Para 2) |
| 2. conflicting arguments on commissioner necessity (Para 3 , 4) |
| 3. commissioner report essential; revision allowed (Para 5 , 6) |
ORDER
Challenging the impugned Order passed by the trial Court in I.A.No.4 of 2024 in O.S.No.6693 of 2023, the plaintiff has preferred the present Civil Revision Petition.
2. The petitioner/plaintiff has filed the suit for declaration that the plaintiff is the absolute owner of the suit 'B' schedule property and consequently to direct the fourth defendant to quit and deliver vacant possession of the property to the plaintiff and for consequential injunctions. Pending suit, the petitioner had filed an application for appointment of an Advocate Commissioner to measure suit schedule properties and to note down the illegal encroachment and also construction made by the fourth respondent in respect of suit 'B' schedule property admeasuring about 399 sq.ft. or thereabouts with the help of a Taluk Surveyor and file a report. The fourth respondent objected the application by filing counter. Considering the submissions on either side, the trial Court dismissed the application stat
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