Madras High Court
CRP/1186/2024 of Ramasamy Vs Vajravel on 14 October 2026
CRP No. 1186 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1186 of 2024
and CMP No.6125 of 2024
CNR:{HCMA010275052024}
1. Ramasamy
2. Palani
3. Malleswaran
4. Amutha
5. Subramani
6. Rathinavel
7. Manickam
8. Murugan
9. Raja
Petitioner(s)
Vs
1. Vajravel
2.Madhu
3.Krishnan
4.Murugan
5.Mani
6.Thangaraj
Respondent(s)
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CRP No. 1186 of 2024
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the Docket Order passed in IA No.785 of 2021 in OS No.324 of 2021 dated 10.12.2021 on the file of the Principal Subordinate Court, Dharmapuri.
For Petitioner(s):
Ms.S. Thankira
For Respondent(s):
Mr.C.Prabakaran
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the docket order passed in IA No.785 of 2021 in OS No.324 of 2021 dated 10.12.2021 on the file of the Principal Subordinate Court, Dharmapuri, wherein the application filed by the respondents/plaintiffs under Order XXVI Rule 9 of CPC, for appointment of an Advocate Commissioner to measure the suit properties with the help of VAO and the surveyor and to submit a report along with a plan came to be allowed by the Court below by a docket order dated 10.12.2021.
2. Heard the learned counsel for the petitioners and the learned counsel for respondents.
3. This Court carefully considered the submissions made on either side and the materials available on record. This Court also went through the docket order passed by the Court below.
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CRP No. 1186 of 2024
4. The respondents are the plaintiffs who filed the suit in OS.No.324 of 2021, seeking for the relief of various declarations, recovery of possession and permanent injunction. Pending the suit, IA.No.785 of 2021, was filed under Order XXVI Rule 9 of CPC, for appointment of an advocate Commissioner to measure the suit properties with the help of the VAO and surveyor and to note down the physical features and to submit a report along with the plan. The petitioners who are the defendants opposed the said application and they wanted to file a counter on the hearing date of the suit i.e., on 10.01.2022. However, a docket order came to be passed on 10.12.2021, appointing an Advocate Commissioner. Aggrieved by the same, the present CRP has been filed before this Court.
5. In the considered view of this Court, the petitioners were opposing the application and wanted to file a counter on 10.1.2022 but however the order was passed by the Court below in the application on 10.12.2021 itself and as a result, the petitioners did not get an opportunity to take their defence. In view of the same, the order passed by the Court below is in violation of principles of natural justice.
6. In the light of the above discussion, without going into the merits of the case, the docket order passed by the Court below on 10.12.2021 is set aside.
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CRP No. 1186 of 2024 The petitioners are directed to file the counter in IA.No.785 of 2021 on the next date of hearing of the suit on 29.10.2026. The Court below shall hear both sides and pass fresh orders in IA.No.785 of 2021 on its own merits and in accordance with law within a period of four weeks thereafter.
7. In the result, this Civil Revision Petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp Issue order copy on 27.10.2026
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CRP No. 1186 of 2024 To Principal Sub Ordinate Court, Dharmapuri.
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CRP No. 1186 of 2024 N.ANAND VENKATESH J. kp CRP No. 1186 of 2024
14-10-2026
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