CRP/6289/2026 of J.Agastian Vs S.Kannan on 6 October 2026

ORDER

This civil revision petition has been filed under Article 227 of The Constitution of India against the order dated 06.7.2026 passed in I.A.No.8 of 2026 in O.S.No.24 of 2025 on the file of Additional District Munsif Court at Alandur (for short, the Court below) wherein the application filed by the respondent/plaintiff for appointment of an advocate commissioner to conduct an inspection, note down the physical features and submit a report, came to be allowed.

2. Heard the learned counsel appearing on behalf of the petitioner.

3. This Court has carefully considered the submissions of the learned counsel appearing on behalf of the petitioner and perused the materials available on record and more particularly the impugned order.

4. The respondent/plaintiff filed the said suit seeking for the relief of permanent injunction restraining the petitioner/defendant from causing damages to the suit property, which is in possession and enjoyment of the respondent/plaintiff.

5. In the said suit, the respondent/plaintiff filed the said application seeking for appointment of an advocate commissioner to inspect the suit property, note down the physical features and submit a report. On 06.7.2026, the petitioner was set ex parte and the impugned order came to be passed by the Court below appointing the advocate commissioner to inspect the suit property, note down its physical features and submit a report. Aggrieved by that, the above civil revision petition has been filed before this Court.

6. The learned counsel appearing on behalf of the petitioner primarily raised to objections. They are (a) the said application was filed by the respondent/plaintiff on 03.7.2026 and it was posted for filing a counter on 06.7.2026. On the very same day, even without giving an opportunity to the petitioner/defendant to file a counter, the petitioner was set ex parte and the impugned order was passed on the same day; and (b) The petitioner/defendant already moved a transfer original petition before the Principal District and Sessions Court, Chengalpet to transfer the said suit and in spite of informing the same, the Court below proceeded to pass orders appointing the advocate commissioner.

7. It is brought to the notice of this Court that the advocate commissioner has already conducted an inspection and submitted a report before the Court below.

8. In the considered view of this Court, on 06.7.2026, the petitioner/defendant was set exparte in I.A.No.8 of 2026. The petitioner/defendant should have filed an application to set aside the ex pare order. However, in the meantime, the advocate commissioner inspected the suit property and submitted a report. This was pursuant to the order setting the petitioner/defendant ex parte by the Court below.

9. In view of the above, the petitioner/defendant must seek for scrapping the report of the advocate commissioner, to set aside the ex parte order and to hear the petitioner and pass fresh orders in I.A.No.8 of 2026. In the meantime, the petitioner/defendant must prosecute the transfer original petition, which is stated to be pending before the Principal District & Sessions Court, Chengalpet. Except giving the above clarification, no further orders can be passed in this revision.

10. The above civil revision petition is disposed of in the above terms. Consequently, the connected CMP is closed. 06-10-2026 To The Additional District Munsif Court at Alandur. RS

N.ANAND VENKATESH,J RS CRP.No.6289 of 2026& CMP.No.27146 of 2026 06-10-2026