CRP/6393/2026 of Valliammal Vs Varadharaj on 6 October 2026

ORDER

These Civil Revision Petitions have been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 12.06.2026 made in IA Nos.10 &11 of 2025 in OS No.154 of 2019 on the file of the Sub Court, Mettupalayam, wherein the petitioner/plaintiff sought for reopening and

CRP No. 6393 of 2026

for appointment of an Advocate Commissioner to conduct an inspection and to submit a report.

2. Heard the learned counsel for the petitioners and learned Additional Government Pleader 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.154 of 2019, seeking for the relief of a declaration that the plaintiff is the absolute owner of the suit property and for permanent injunction restraining the 1st and 2nd defendants from in any manner interfering with the possession and enjoyment of the suit property and for other consequential reliefs. The suit was at the stage of final hearing and at that stage, IA Nos.10 and 11 of 2025, were filed to reopen the suit and for appointment of an Advocate Commissioner to conduct an inspection and to submit a report. These applications came to be dismissed by the Court below and aggrieved by the same, these Civil Revision Petitions have been filed before this Court.

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4. The Court below has dismissed the applications mainly on the ground that the suit had reached the stage of final hearing on 22.11.2023. From then on, the case was adjourned from time to time till 19.09.2024 and thereafter, the applications were filed by the plaintiff. Therefore, the Court below found that there was absolutely no due diligence on the part of the petitioner/plaintiff to file such applications at the fag end of the suit. Apart from that, the Court below has also found that the suit is for declaration and that the burden of proof is upon the plaintiff to prove the title over the property and therefore, there is no need for appointing an Advocate Commissioner.

5. The order passed by the Court below does not suffer from any perversity warranting interference of this Court. Apart from the fact that the applications were filed at the fag end of the proceedings, when the case was repeatedly adjourned for final hearing, considering the nature of relief sought for by the petitioner/plaintiff for declaration, if the petitioner/plaintiff is able to establish the right and title over the suit property, the consequential reliefs will automatically follow and it is not necessary for an Advocate Commissioner to conduct an inspection and submit a report. Such a report will not, in any way, help the Court to effectively dispose of the suit.

CRP No. 6393 of 2026

6. In the light of the above discussion, order dated 12.06.2026 made in IA Nos.10 &11 of 2025 in OS No.154 of 2019 on the file of the Sub Court, Mettupalayam, is sustained and these Civil Revision Petitions stand dismissed. No Costs. Consequently, the connected miscellaneous petitions are closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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To

1. The Sub Court, Mettupalayam.

2. The Sub Registrar Sub Registrar Office, Karamadai Salai, Mettupalayam Taluk, Coimbatore District.

3. The Village Administrative Officer, Village Administrative Office, Velliyankadu Village, Mettupalayam, Coimbatore District.

4. The Tahsildar Taluk Office, Sirumugai Salai, Mettupalayam, Coimbatore District.

CRP No. 6393 of 2026

N.ANAND VENKATESH J. SSR CRP No. 6393 of 2026 AND CRP NO. 6394 OF 2026 & CMP NO. 27542 OF 2026 & CMP NO. 27541 OF 2026 06-10-2026