Madras High Court

CRP/2292/2023 of AMEENULLAH Vs UBAYATHULLAH on 27 October 2026

Cites 0, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead