Madras High Court
CRP/1834/2023 of V.GOKULRAJ Vs C.S.KAMALAM (DIED) on 6 October 2026
CRP No. 1834 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1834 of 2023
CNR:{HCMA010797762023}
AND
CMP NO. 11778 OF 2023
V.Gokulraj
S/o K.R Viswanathan
..Petitioner(s)
Vs
C.S.Kamalam (died)
1. C.S Ramesh Babu, S/o C.S Subramani
2. Parvatham
W/o Sivasubramaniam
..Respondent(s)
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the Order dated 25-01-2023 in I.A.No.188 of 2018 in
I.A.No.548 of 2012 in O.S.No.62 of 2005 on the file of the learned II
Additional Sub Court, Erode by allowing this CRP.
For Petitioner(s):
Mr.K.Magesh
for Mr.N.Manoharan
For Respondent(s):
Mr.Shangar Murali for R1
Mr.S.Arun Prasath for R2
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Order
This Civil Revision Petition has been filed against the fair and decretal order passed in I.A.No.188 of 2018 in I.A.No.548 of 2012 in O.S.No.62 of 2005 dated 25.01.2023 on the file of the learned II Additional Sub Court, Erode
CRP No. 1834 of 2023
wherein the application filed by the petitioner /2nd defendant seeking for appointment of a new Advocate Commissioner came to be allowed. However, the Court below instead of appointing a new Advocate Commissioner as directed the revenue officials to measure the property and submit a report and the said portion of the order has been put to challenge in the present Civil Revision Petition.
2. Heard both sides and carefully perused the materials available on record as well as the order passed by this Court.
3. The issue that is involved in the present case is squarely covered by the order passed by the Division Bench of this Court in [K.Jaya @ Jayalakshmi Vs. Padma @ Padmavathi] reported in 2021 5 CTC 17. The said order was passed based on a reference that was made and the Division bench answered has follows:-
31. In the result, the reference is answered as follows:- If a suit is filed for partition in respect of estate as defined in the Tamil Nadu Estate Land Act, 1908 or under any other Estate Laws, which are mentioned under Section 7 of the Tamil Nadu Court Fee and Valuation Act as stood before the amendment by Act of 2017, the Civil Court after passing the degree declaring the rights of the parties interested in the property shall send the said Decree to the
CRP No. 1834 of 2023
Collector as per Order 20 Rule 18(1) of CPC to divide the property by following the provisions of Section 54 of CPC where a suit is filed in respect of ryotwari land and other immovable properties or movable properties, the Court by following the procedures prescribed under Order 20, Rule 18(2) has to pass preliminary decree and thereafter pass final decree.
4. In the case in hand, the Court below was not convinced with the manner in which the Advocate Commissioner had conducted the proceedings. However, the Court below instead of appointing a fresh Advocate Commissioner proceeded to appoint a revenue officials to measure the property and submit a report. Such a direction is patently illegal and warrants the interference of this Court. Accordingly, the said direction is set-aside.
5. The Court below is directed to appoint a fresh Advocate Commissioner and the report of the Advocate Commissioner shall be submitted within a period of four weeks. The report shall be kept on the file of the Court below until the disposal of SA No.1277 of 2013, pending before this Court, wherein this Court has stayed the passing of the final decree. N.ANAND VENKATESH J.
CRP No. 1834 of 2023
RKA
6. This Civil Revision petition is allowed in the above terms. No costs. Consequently, the connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKA To
1. II Additional Sub Court, Erode CRP No. 1834 of 2023 AND CMP NO. 11778 OF 2023