C.R.P.No.2769 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.07.2026 CORAM THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.R.P.No.2769 of 2025 & C.M.P.No.15677 of 2025 1. Rukmani 2. Kamesh 3. Mahesh 4. Kalaiselvi ..Petitioners Vs. 1. M.Alexander 2. S.T.Mariya Selva Priya ..Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 05.07.2024 passed in I.A.No.2 of 2023 in I.A.No.381 of 2017 in O.S.No.169 of 2011 on the file of the District Munsif Court, Tambaram. For Petitioners : Mr.N.R.R.Arun Natarajan For Respondents : No appearance 1\6 https://www.mhc.tn.gov.in/judis C.R.P.No.2769 of 2025 O R D E R This civil revision petition has been filed challenging the order dated 05.07.2024 passed by the District Munsif Court, Tambaram, in I.A.No.2 of 2023 in I.A.No.381 of 2017 in O.S.No.169 of 2011. 2. In the aforesaid order, the application filed by the petitioners / defendants seeking to eschew and scrap the report of the Advocate Commissioner dated 23.01.2015 and to appoint an experienced Advocate Commissioner to inspect and measure the suit schedule properties and also the property of the petitioners / defendants, has been dismissed. 3. The contention of the petitioners is that already an Advocate Commissioner was appointed by the trial Court in I.A.No.1256 of 2011 dated 27.03.2012 and the said Advocate Commissioner inspected the property and submitted his report on 20.06.2012. According to the petitioners, subsequently, pursuant to the application filed by the respondents / plaintiffs, one more Advocate Commissioner was appointed to inspect the suit schedule properties and submitted his report on 23.01.2015. 2\6 https://www.mhc.tn.gov.in/judis C.R.P.No.2769 of 2025 According to the petitioners, there is a contradiction between the Advocate Commissioner’s report filed in I.A.No.1256 of 2011 and the Advocate Commissioner’s report filed in I.A.No.381 of 2017. In view of the same, the petitioners / defendants filed an application in I.A.No.2 of 2023 seeking to eschew and scrap the report of the Advocate Commissioner dated 23.01.2015. 4. Admittedly, as seen from the impugned order, both the Advocate Commissioners’ reports are still on record before the trial Court and they have not been scrapped. The trial Court also observed while dismissing the petitioners’ application that without examining the Advocate Commissioners with regard to the discrepancies in their reports, the Court does not find it necessary to appoint a fresh Advocate Commissioner. Further, when both the Advocate Commissioners’ reports are very much available on record and have not been scrapped, the application filed by the petitioners seeking to scrap one of the Advocate Commissioner’s report, namely, the report dated 23.01.2015 is not maintainable. This Court does not find any infirmity in the reasons given by the trial Court for dismissing the 3\6 https://www.mhc.tn.gov.in/judis C.R.P.No.2769 of 2025 petitioners’ application as the interest of the petitioners / defendants is adequately protected as the petitioners / defendants at the time of arguments in the suit can make submissions before the trial Court that earlier Advocate Commissioner’s report dated 20.06.2012 is the correct one and not the subsequent Advocate Commissioner’s report dated 23.01.2015. It is open for the trial Court to consider the same on merits and in accordance with law. If so advised, the petitioners / defendants can also examine both the Advocate Commissioners who had submitted their reports dated 20.06.2012 and 23.01.2015. 5. Without interfering with the impugned order and with the aforesaid observations, this Civil Revision Petition is disposed of. No costs. Connected miscellaneous petition is closed. 15.07.2026 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji 4\6 https://www.mhc.tn.gov.in/judis C.R.P.No.2769 of 2025 To The District Munsif Court, Tambaram. 5\6 https://www.mhc.tn.gov.in/judis C.R.P.No.2769 of 2025 ABDUL QUDDHOSE, J. vji C.R.P.No.2769 of 2025 & C.M.P.No.15677 of 2025 15.07.2026 6\6 https://www.mhc.tn.gov.in/judis