CRP/6664/2026 of Amsaveni Vs Santhamani on 15 October 2026

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 16.07.2026 passed in IA No.6 of 2025 in OS No.131 of 2021 on the file of the Principal District Munsif Court, of Pollachi, wherein the application filed by the petitioner/defendant to strike off the earlier report of the Advocate Commissioner and to direct the Advocate Commissioner to make a fresh inspection of the suit property and to submit a report along with the plan, came to be rejected by the Court below.

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

3. The respondents are the plaintiffs, who filed the suit in O.S.No.131 of 2021 seeking for the relief of declaration over the suit ‘B’ Schedule cart track

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and that they are entitled to use the same to reach the suit ‘A’ Schedule property and for grant of permanent injunction restraining the defendant from in any manner interfering with the rights of the plaintiffs to use the ‘B’ Schedule cart tract. Along with the suit, I.A. No.2 of 2021 was filed for the appointment of an Advocate Commissioner and an Advocate Commissioner was appointed by the Court and he inspected the property and submitted the report before the Court.

4. The petitioner, who is the defendant in the suit, had certain grievance on the earlier report filed by the Advocate Commissioner and accordingly, objections were made to the report. Thereafter, application was filed to strike off the report and to appoint a fresh Advocate Commissioner to conduct the survey and to submit a report. This application was dismissed by the Court below on the ground that the suit was at the stage of framing of issues and that the petitioner had earlier filed IA No.4 of 2024 seeking for the appointment of a fresh Advocate Commissioner to survey the land and to submit a report. This application was closed by the Court below on the ground that the petitioner/defendant had to file an application to reopen the matter and seek the striking off the earlier report filed by the Advocate Commissioner. Pursuant to the same, I.A.No.6 of 2025 was filed by the petitioner to strike off the report of the Advocate Commissioner and to appoint a fresh Advocate Commissioner to conduct the survey and to submit a report. The Court below held that the present application was filed after nearly five years and it had been filed only with a

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view to drag on the proceedings and absolutely no ground was made out to strike off the report and to appoint a fresh Advocate Commissioner to conduct the survey.

5. In the considered view of this Court, on carefully going through the earlier report filed by the Advocate Commissioner, it is seen that the Advocate Commissioner had inspected the property pursuant to an ex-parte order passed by the Court below. However, on going through the report, it is seen that the defendant was present in the property, but she did not participate in the process of inspection. The defendant had also submitted her objections to the report of the Advocate Commissioner. Ultimately, the defendant has sought for one more survey of the suit property, since she has some grievance regarding earlier report. One opportunity can be given to the defendant for re-issuance of warrant to the same Advocate Commissioner and the Advocate Commissioner can be directed to inspect the property and submit a report. If the same is done, it will not cause any prejudice to both the parties. Ultimately, the report of the Advocate Commissioner is only another piece of evidence before the Court, which will be considered along with the other oral and documentary let in both sides. It will only enable the Court to effectively dispose of the suit on merits.

6. In view of the above, the order passed by the Court below in IA No.6 of 2025 in OS No.131 of 2021, is hereby set aside and there shall be a direction to

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the learned Principal District Munsif Court, Pollachi, to reissue the warrant to the Advocate Commissioner to inspect the property and submit a report in the presence of both parties. The entire process shall be completed, within a period of four weeks from the date of receipt of copy of this order. Ultimately, it is left open to the Court below to take note of both the reports at the time of final disposal of the suit on merits as another piece of evidence to effectively dispose of the suit.

7. In the result, this Civil Revision Petition stands allowed in the above terms. No Costs. Consequently, the connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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N.ANAND VENKATESH, J. SSR To The Principal District Munsif Court, of Pollachi. CRP No. 6664 of 2026 15-10-2026