Madras High Court
CRP/5584/2026 of Devanayagi Vs M. Muruganandh on 13 October 2026
CRP No. 5584 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
CRP No. 5584 of 2026
CNR:{HCMA012009232026}
and
CMP No. 24093 of 2026
1. Devanayagi
W/o. Late. Balasubramaniam,
Door No.42, KMR Street,
Venkatesa Colony, Pollachi,
Pollachi Taluk, Coimbatore District
2. S.B.Nivetha
W/o. A.M.Sathishbabu,
Door No.42, KMR Street,
Venkatesa Colony, Pollachi,
Pollachi Taluk, Coimbatore District
Petitioner(s)
Vs
M.Muruganandh
S/o. Mylsamy, (Died)
Door No.48, Elango Street,
Mahalingapuram, Pollachi,
Pollachi Taluk, Coimbatore District
Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order passed by the Hon’ble Principal District Munsif Court, Pollachi in I.A.No.2 of 2025 in O.S.No.185 of 2025 dated 16.07.2026.
For Petitioner(s):
Mrs.V.S.Usharani
For Respondent(s):
Mr.G.Anbuchezhian
CRP No. 5584 of 2026
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ORDER
This civil revision petition is filed under Article 227 of the Constitution of India against the fair and decretal order passed by the Principal District Munsif Court, Pollachi in I.A.No.2 of 2025 in O.S.No.185 of 2025 dated 16.07.2026, wherein the application filed by the respondent/5th defendant under Order 26, Rule 9 of C.P.C. for appointment of an Advocate Commissioner to measure the property with the help of a Surveyor and to submit a report along with the plan, came to be allowed by the Court below.
2. Heard Mrs.V.S.Usharani, learned counsel appearing for the petitioners and Mr.G.Anbuchezhian, learned counsel appearing for the respondent.
3. The petitioners are the plaintiffs, who filed the suit in O.S.No.185 of 2025 seeking for the relief of rectifying the extent and to execute the rectification deed and for permanent injunction not to interfere with their possession and enjoyment of the property.
4. The respondent/5th defendant filed I.A.No.2 of 2025 under Order 26, Rule 9 of C.P.C. for appointment of an Advocate Commissioner to measure the property with the help of a Surveyor and to submit a report.
CRP No. 5584 of 2026
5. The petitioners, who are the plaintiffs, filed a counter to the said application by opposing the appointment of Advocate Commissioner by taking various grounds.
6. The Court below allowed the application filed by the respondent/5th defendant and the order is extracted hereunder:- “On perusal of the Petition filed by the Petitioner to appoint a court commissioner. Record Perused heard. In the interest of Justice, the petition is allowed. Advocate M.Pavithra, M.S.No.3155/2019 appointed as court commissioner to measure the petition mentioned B Schedule property with the help of the Taluk Surveyor and note down the physical features to measure the petition mentioned B Schedule Property and to submit a detailed report and plan. The court commissioner fees is fixed Rs.8000/- to be paid by the petitioner. Call on 17.08.2026.”
7. In the considered view of this Court, the petitioners have opposed the appointment of Advocate Commissioner in this case by filing a counter. The Court below has mechanically allowed the application even without considering the objections raised by the petitioners. On that ground alone, the order passed by the Court below is liable to be interfered with by this Court.
8. In the light of the above discussions, the order in I.A.No.2 of 2025 in
CRP No. 5584 of 2026 O.S.No.185 of 2025 dated 16.07.2026 is hereby set aside and the matter is remitted back to the file of the learned Principal District Munsif, Pollachi to deal with the I.A.No.2 of 2025 on merits after considering the objections raised by the petitioners/plaintiffs and pass an order within a period of four weeks from the date of receipt of a copy of this order.
9. This civil revision petition is allowed in the above terms. Consequently, the connected CMP is closed. No costs. 13-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ss To
1. The Principal District Munsif Pollachi
CRP No. 5584 of 2026 N.ANAND VENKATESH J. ss CRP No. 5584 of 2026 and CMP No. 24093 of
13-10-2026