CRP/5102/2026 of R.Suresh Vs R.Gopi Krishnan 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 29.06.2026 passed in I.A.No.4 of 2026 in O.S.No.199 of 2025 on the file of the Principal

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District Munsif at Tiruvallur, wherein the application filed by the respondent /defendant under Order XXVI Rule 9 of C.P.C., to appoint an Advocate Commissioner to note down the physical features of the suit property and note down the common pathway mentioned in the Partition Deed and to submit a report along with the sketch and plan, came to be allowed by the Court below.

2. Heard the learned counsel for the petitioner carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below. The respondent has been served with notice and the name of the respondent has also been printed in the cause list and there is no representation either in person or through counsel.

3. The petitioner/plaintiff has filed the suit seeking for the relief of permanent injunction restraining the defendant from making any construction or causing any obstruction over the ‘B’ Schedule property and thereby interfering with the peaceful possession and enjoyment of the property. Pending the suit, IA No.4 of 2026 was filed by the respondent/defendant for the appointment of an Advocate Commissioner to note down the physical features and to note down the common pathway mentioned in the Partition Deed dated 10.06.2016 and to submit a report along with a plan. This application was filed on the ground that there are other shareholders who also enjoy the common pathway and that it is the plaintiff who has constructed roofs, pillars and floors over the common

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pathway and is restricting the movement of the defendant. In view of the same, the defendant wanted an Advocate Commissioner to be appointed in this case to note down the physical features of the common passage as per the Partition Deed dated 10.06.2016. The Court below has allowed the application mainly on the ground that the report of the Advocate Commissioner will enable the Court to effectively dispose of the suit, considering the nature of the relief sought for. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.

4. In the considered view of this Court, considering the nature of the relief that has been sought for by the petitioner/plaintiff, appointment of an Advocate Commissioner is unwarranted. The respondent/defendant has filed the application with a view to collect evidence in this case. There is no dispute with regard to the fact that there are five co-sharers and the existence of the roof is not even a subject matter of dispute in the present case. In view of the same, the Court finds that the Court below failed to appreciate that the application has been filed only to collect evidence and allowed the application. Therefore, th order suffers from perversity warranting interference of this Court.

5. In view of the above discussion, order dated 29.06.2026 passed in I.A.No.4 of 2026 in O.S.No.199 of 2025 on the file of the Principal District Munsif at Tiruvallur, is hereby set aside.

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6. In the result, this Civil Revision Petition stands allowed. No Costs. Consequently, the connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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To The Principal District Munsif at Tiruvallur.

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N.ANAND VENKATESH, J. SSR CRP No. 5102 of 2026 06-10-2026

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