Madras High Court
CRP/2292/2023 of AMEENULLAH Vs UBAYATHULLAH on 27 October 2026
CRP No. 2292 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 2292 of 2023
CNR:{HCMA011069372023}
Ameenullah
S/o Saibullah
No.178/3, J.M.H Main Road
Nidur Village, Mayiladuthurai
Petitioner
Vs
1. Ubayathullah
S/o Saibullah
No.3/114, Arabi Street, Nidur
Mayiladuthurai
2. Souwthagani
W/o Sirajudeen
No.167, Surakudi Road, Thirunallar
Karaikkal
3. Rathinam
S/o.Govindasamy Pathar
No.24, Punugeeswara East Street
Koranad, Mayiladuthurai Town and Munsifi Respondents Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the lower court to suo moto appoint advocate commissioner to enable passing of Final Decree in O.S.No.6 of 2008 on the file of the Additional District Judge, Mayiladuthurai at an early date, upon hearing the available parties before the Court.
CRP No. 2292 of 2023
For Petitioner:
Mr.PL.Narayanan
Senior Counsel for
Mr.E.Hariharan
For Respondents:
R1 to R3 -Sd.- No appearance
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ORDER
This civil revision petition has been filed under Article 227 of the Constitution of India seeking for a direction to the Court below to appoint an Advocate Commissioner to divide the property by metes and bounds in order to enable the Court below to pass a final decree.
2. Heard the learned Senior Counsel appearing for the petitioner. None appeared for the respondents.
3. It is seen from records that a preliminary decree has already been passed in O.S.No.6 of 2008 by the judgment and decree dated 12.03.2012. Thereafter, final decree proceedings were initiated and an application was also filed for appointment of Advocate Commissioner by the second defendant. This application was dismissed for default. Thereafter, no steps were taken to appoint an Advocate Commissioner in order to demarcate the property by metes and bounds and to enable the Court below to pass a final decree. It is under these circumstances, the present civil revision petition was filed before this Court.
4. Taking into consideration the facts and circumstances of the case and
CRP No. 2292 of 2023 considering the grievance expressed by the petitioner/1st defendant, there shall be a direction to the learned Additional District Judge, Mayiladuthurai to appoint an Advocate Commissioner to divide the property by metes and bounds in line with the preliminary decree and proceed to pass a final decree. This process shall be completed within a period of three months.
5. This civil revision petition is allowed in the above terms. No costs. 27-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ss To
1. The Additional District Judge Mayiladuthurai
CRP No. 2292 of 2023 N.ANAND VENKATESH J. ss CRP No. 2292 of 2023
27-10-2026