Madras High Court
CRP(MD)/2546/2026 of AROKIYAMARY Vs ALPHONSE on 15 October 2026
CRP(MD) No. 2546 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2546 of 2026
CNR:{HCMD011255552026}
AND
CMP(MD) NO. 12683 OF 2026
Arokiyamary
..Petitioner(s)
Vs.
1. Alphonse
2. Angelmary
3. Altrin
..Respondent(s)
PRAYER: J-36. Civil Revision Petition filed under Article 227 of Constitution of India, to call for the records pertaining to the order dated 23-06-2026 made in I.A.No.04 of 2026 in O.S.No.18 of 2024 on the file of the learned District Munsif, Devakottai, Sivagangai District and quash the same and consequently allow the present civil revision petition.
For Petitioner(s):
Mr.J.Anandkumar
For Respondent(s):
Mr.T.Villavan Kothai
For R1, R2 and R3
CRP(MD) No. 2546 of 2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Order
This civil revision petition is filed against the order dated 23.06.2026 passed in I.A.No. 4 of 2026 in O.S.No.18 of 2024 on the file of the District Munsif Court, Devakottai, Sivagangai District.
2. The petitioner is the plaintiff. The respondents are the defendants. The suit has been filed against the respondents/defendants for declaration and consequential relief. During the pendency of the suit, the petitioner filed an application under Order XXVI Rule 9 of the Code of Civil Procedure, seeking appointment of an Advocate Commissioner to inspect the suit property, measure the same and file a report along with a plan. The said application was dismissed by the trial Court on the ground that an Advocate Commissioner cannot be appointed for the purpose of collecting evidence and that it is the duty of the plaintiff to establish his case by adducing appropriate evidence. Aggrieved by the said order, the present Civil Revision Petition has been filed.
3. According to the petitioner, an extent of 5 ½ acres of land in survey No.470/3 originally belonged to the petitioner by way of ancestral property. The patta stands in the name of petitioner’s father, namely, Arulanandam Udayar. He had constructed a building in the said
CRP(MD) No. 2546 of 2026 property was in possession and enjoyment of the suit property. According to the petitioner, she is entitled for 5 ½ cents.
4. According to the respondents, the petitioner is entitled for 5 cents only. So there is a dispute between the parties with regard to ½ cents. The respondents submit that the petitioner has falsely claimed that she is entitled for 5 ½ cents.
5. The respondents/defendants claimed that the petitioner had encroached the eastern side of the property and erected a pillar and constructed a compound wall. In order to ascertain the same, the petitioner wants to appoint an Advocate Commissioner to measure the property and file a report with plan.
6. Today, the learned counsel for the respondents is also present and stated that he has no objection to the appointment of an Advocate Commissioner to measure the property, in order to resolve the dispute between the parties.
7. Since the respondents have not raised any objection, and also the respondents stated that the petitioner has encroached their
CRP(MD) No. 2546 of 2026 property and therefore, in order to ascertain the same and to assist the Court to arrive at a conclusion, appointment of an Advocate Commissioner is necessary. This Court is of the view that no prejudice would be caused to the respondents or it will not amount to collection of evidence and hence, the order of the trial Court is liable to be set aside.
8. In view of the above, this civil revision petition is allowed. The order dated 23.06.2026 passed in I.A.No. 4 of 2026 in O.S.No.18 of 2024 on the file of the District Munsif Court, Devakottai, Sivagangai District is hereby set aside and the trial Court is hereby directed to appoint an Advocate Commissioner to measure the property and to file his report with the help of the Town Surveyor. No costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RM Copy to The District Munsif Court, Devakottai, Sivagangai District.
CRP(MD) No. 2546 of 2026 R.POORNIMA J. RM CRP(MD) No. 2546 of 2026 AND CMP(MD) NO. 12683 OF 2026 15-10-2026