The appointment of an Advocate Commissioner for local inspection is not warranted when the identity and description of the suit property are not disputed by the parties.

PRAYER

Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 15.06.2026 passed in IA No.1 of 2026 in OS No.22 of 2016 on the file of the Special Sub Court for LAOP Cases, Tiruvallur, by allowing the above Civil Revision Petition.

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decreetal order passed in IA No.1 of 2026 in O.S. No.22 of 2016 on the file of the Special Sub Court for LAOP cases, Tiruvallur, dated 15.06.2026, wherein the Court below has dismissed the application filed by the petitioner under Order XXVI Rule 9 of C.P.C., for appointment of an Advocate Commissioner to conduct inspection and to file a report.

2.Heard the learned counsel for the petitioner and carefully perused the materials available on record and this Court has also carefully went through the order passed by the Court below.

3.The petitioner is the plaintiff in the suit. The suit has been filed in O.S. No.22 of 2016 seeking for the relief of specific performance. During the pendency of the suit, IA No.1 of 2026 has been filed under Order XXVI Rule 9 of C.P.C., for appointment of an Advocate Commissioner for local inspection of the suit property and to note down the physical features and boundaries. The said application came to be dismissed by the Court below by order dated 15.06.2026. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.

4.The Court below while considering this application first took into consideration the nature of the relief that was sought for in the suit. Thereafter, the Court also took into consideration the stand that was taken by the 1st and 2nd respondents to the effect that they do not dispute the description of the property as found in the plaint. Therefore, the parties were in tandem insofar as the identity of the property is concerned. In view of the same, the Court below did not find any reason to appoint an Advocate Commissioner to conduct an inspection and to file a report.

5.The order passed by the Court below does not suffer from any perversity warranting interference of this Court. Accordingly, the order passed by the Court below is sustained and this Civil Revision Petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

12-08-2026

Index:Yes/No Speaking/Non-speaking order

Internet:Yes Neutral Citation:Yes/No

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