CRP/5090/2026 of P.Yasothai Vs Kannammal on 6 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 06.07.2024 made in I.A.No.9 of 2024 in O.S.No.214 of 2020 on the file of the Court of II Additional District Munsif, Erode, wherein the application filed by the petitioner/plaintiff under Order XXVI Rule 9 of C.P.C., for appointment of an

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Advocate Commissioner to measure the property with the help of the Surveyor and to fix the boundaries, came to be rejected by the Court below.

2. Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of respondents 3 to 5 and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.

3. The petitioner is the plaintiff who filed the suit in O.S.No.214 of 2020, seeking for the relief of perpetual injunction and mandatory injunction. Pending the suit, IA No.2 of 2020 was filed by the petitioner for appointment of an Advocate Commissioner. Accordingly, an Advocate Commissioner was appointed and he submitted a report before the Court. The defendants filed their objections for the said report.

4. The petitioner once again filed IA No.9 of 2024 under Order XXVI Rule 9 of C.P.C., for appointment of an Advocate Commissioner to measure the property with the help of the Surveyor and Village Administrative Officer and to fix the boundaries and to submit a report before the Court below.

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5. The Court below dismissed this application mainly on the ground that an Advocate Commissioner had already been appointed and had submitted a report, and that there was no requirement to appoint an Advocate Commissioner once again at this stage and it is for both parties to adduce evidence and substantiate their claims and defence. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.

6. In the considered view of this Court, the trial is yet to commence in this case. A report has already been submitted by the Advocate Commissioner for which the respondents have filed their objections. One of the reliefs that has been sought for by the petitioner/plaintiff is for a mandatory injunction to fix the boundary line between the property belonging to the plaintiff and defendants 1,2,4 and 5 as per the Partition Deed, by appointing a Commissioner. The parties must first adduce evidence before the Court below and ultimately, after the evidence has been adduced, if the Court below deems it fit to appoint an Advocate Commissioner for the effective disposal of the suit, considering the nature of relief sought for by the plaintiff, the Court below can take a decision at that point of time after affording opportunity to both sides. For the present, the order passed by the Court below does not require the interference of this Court. The above clarification will sufficiently take care of the right and interest of both sides.

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7. This Civil Revision Petition is disposed of in the above terms. There shall be a direction to the District Munsif Cum Judicial Magistrate, Modakurichi, to dispose of the suit in O.S.No.67 of 2024, within a period of nine months from the date of receipt of copy of this order. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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N.ANAND VENKATESH, J. SSR To

1. The II Additional District Munsif Court, Erode.

2. The District Munsif Cum Judicial Magistrate, Modakurichi.

3. The Sub Registrar, Aval Poondurai Register office, Avalpoondurai Register office, Avalpoondurai, Erode Dt- 638 115. Copy to: The District Munsif Cum Judicial Magistrate, Modakurichi. CRP No. 5090 of 2026 06-10-2026