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2025 DAILYLAW 133065 (MAD)

T.Sundarammal v. P.Perumal

CRP(MD)/1346/2025 · 2025-04-25

R Vijayakumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R..P.(PD)(MD).No.1346 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.1346 of 2025 and C.M.P(MD) No.6987 of 2025 T.Sundarammal ... Petitioner/Petitioner/ 3rd Defendant Vs. 1. P.Perumal 2. P.Muthammal ... Respondents/Respondents/ Plaintiffs PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the fair order and decreetal order dated 29.02.2024 made in I.A.No.8 of 2023 in O.S.No.541 of 2016 on the file of the Principal Sub Court, Dindigul and allow this Civil Revision Petition. For Petitioner : Mr.G.Gomathisankar O R D E R The third defendant in O.S.No.541 of 2016 on the file of the Principal Sub Court, Dindigul, has filed the present Civil Revision Petition challenging 1/4 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1346 of 2025 the dismissal of her application for appointment of an Advocate Commissioner to note down the physical features of the property. 2. It could be seen from the records that when the suit was posted for judgment, the present application in I.A.No.8 of 2023 has been filed seeking appointment of an Advocate Commissioner. The suit is for declaration of title and permanent injunction and the entire burden is upon the plaintiffs to establish their title and possession over the suit schedule properties on the date of filing of the suit. Therefore, when the suit is posted for judgment, the present application is not maintainable. The trial Court has rightly dismissed the said application and there are no merits in the Civil Revision Petition. 3. Accordingly, this Civil Revision Petition stands dismissed. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed. 25.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 2/4 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1346 of 2025 To 1. The Principal Sub Court, Dindigul. 2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis C.R..P.(PD)(MD).No.1346 of 2025 R.VIJAYAKUMAR,J. ebsi C.R.P(PD)(MD)No.1346 of 2025 25.04.2025 4/4 https://www.mhc.tn.gov.in/judis