CRP(MD). No.2139 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/07/2025 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.2139 of 2021 and CMP(MD) No.11332 of 2021 P.Thambidurai ... Petitioner Vs 1.Shri Viswanathaswamy Thirukovil Rep. by its Hereditary Trustee K.A.Murugappan 2.The Tirunelveli City Municipal Corporation Council Through its Commissioner Tirunelveli 3.The Assistant Commissioner Tirunelveli City Municipal Corporation Council Palayamkottai Zone, Palayamkottai Tirunelveli 4.The Superintending Engineer (Urban) Tamil Nadu Electricity Board, Maharaja Nagar, Tirunelveli 5.The Junior Engineer (Distribution) Tamil Nadu Electricity Board, V.M.Chathiram Sub Station, V.M.Chathiram, Maharaja Nagar, Tirunelveli ... Respondents 1/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.2139 of 2021 PRAYER :-Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order dated 22.10.2021 in IA No.5/2020 in OS No.117/2019 on the file of the Principal Sub Court, Tirunelveli. For Petitioners : Mr.S.Gokulraj For Respondents : Mr.B.Ramanathan for R4&R5 Mr.T.Selvam for R1 ORDER The Civil Revision Petition is filed against the fair and decreetal order dated 22.10.2021 in IA No.5/2020 in OS No.117/2019 on the file of the Principal Sub Court, Tirunelveli. 2. The petitioner is the first defendant in OS No.117/2019. The first respondent/plaintiff filed a suit for declaration, permanent injunction and recovery of possession in respect of the suit schedule property. Pending suit, the first respondent/plaintiff filed an application in IA No. 3/2019 under Order XXVI Rule 9 of the Code of Civil Procedure for appointment of Advocate Commissioner and the petition was allowed and Advocate Commissioner was appointed and after measurement of the 2/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.2139 of 2021 property, he filed a report. Thereafter, the very same plaintiff filed an application for reissuing the warrant for the very same Advocate Commissioner to measure the property with the help of qualified Surveyor and the same was allowed by the trial Court. Challenging the same, the petitioner is before this Court. 3. The learned counsel for the petitioner would submit that appointment of Advocate Commissioner under Order XXVI Rule 9 of the Code is for the purpose of elucidating any dispute and to enable the Court to arrive at a conclusion and the report of the Commissioner is not a conclusive one but only a piece of evidence and if at all the first respondent/plaintiff is aggrieved by the report, he can very well file his objections before the trial Court, instead, filing a petition for re- appointment of Advocate Commissioner or re-issuance of report is impermissible and needs interference. 4. The learned counsel for the 1st respondent/plaintiff, on the other hand, would submit that the report of the Advocate Commissioner did not contain the correct particulars and measurement has also not been 3/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.2139 of 2021 made properly and hence, the said application came to be filed and considering the said aspects, the trial Court has rightly allowed the said petition, which need not be interfered with. 5. I have considered the rival submissions and perused the materials available on record. 6. It is to be noted that initially an Advocate Commissioner was appointed and a report has also been submitted. However, since it is alleged that the report is contrary to the revenue records and for providing correct particulars and for measurement, the present application in IA No.5/2020 came to be filed, which was allowed. If the petitioner herein has any grievance, he can very well file his objections to the report of the Advocate Commissioner along with revenue records before the Court below. If the objection is filed along with necessary documents, the trial Court may consider the same in accordance with law. 4/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.2139 of 2021 7. With the aforesaid direction, the Civil Revision Petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. 02.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Principal Sub Court, Tirunelveli. 2.VR Section Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRP(MD). No.2139 of 2021 M.DHANDAPANI,J RR ORDER IN CRP(MD) (NPD) No.2139 of 2021 Date : 02/07/2025 6/6 https://www.mhc.tn.gov.in/judis