Extracted from the PDF above. The PDF is authoritative.
CRP No. 3486 of 2025 ____________ Page No.1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP No. 3486 of 2025 AND CMP NO. 18927 OF 2025 V.Radhakrishnan ... Petitioner Vs R.Venkidapathy ... Respondent Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, seeking to set aside the Final Order passed in I.A.No.03 of 2024 to Appoint Advocate Commissioner in O.S.No.86 of 2018 dated 18.06.2025 on the file of the District Munsif Court, Sulur, by allowing the present Civil Revision Petition. For Petitioner : Mr.Deepan Uday
For Respondent : No appearance *****
ORDER This Civil Revision Petition has been filed challenging the impugned
order dated 18.06.2025 passed by the District Munsif Court, Sulur in I.A.No.3 of 2024 in O.S.No.86 of 2018. https://www.mhc.tn.gov.in/judis
CRP No. 3486 of 2025 ____________ Page No.2 of 4
2. In the aforesaid order, the application filed by the petitioner under
Order 26 Rule 9 CPC seeking appointment of an advocate commissioner to ascertain whether there is an encroachment in the suit schedule property or not by the respondent has been dismissed. The trial court under the impugned order dismissed the said application on the ground that an advocate commissioner cannot be appointed to ascertain whether there is an encroachment by the respondent or not over the suit schedule property as it would amount to collecting evidence.
3. The law is well settled that an advocate commissioner cannot be appointed to collect evidence on behalf of any of the party to the suit. This Court does not find any infirmity in the reasons given by the trial court for dismissing the petitioner’s application. Since the suit is of the year 2018, the only limited relief that can be granted to the petitioner is to direct the trial court to dispose of the aforesaid suit, within a time frame to be fixed by this Court.
4. For the foregoing reasons, since there is no merit in this civil revision petition, this Civil Revision Petition is dismissed, but, however, this Court https://www.mhc.tn.gov.in/judis
CRP No. 3486 of 2025 ____________ Page No.3 of 4 directs the trial court, namely the District Munsif Court, Sulur, to dispose of the suit in O.S.No.86 of 2018, within a period of one (1) year from the date of receipt of a copy of this order, after framing the issues, if not already framed, and after conducting trial. No costs. Consequently, the connected miscellaneous petition is closed. 29-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp To The District Munsif Court, Sulur. https://www.mhc.tn.gov.in/judis
CRP No. 3486 of 2025 ____________ Page No.4 of 4 ABDUL QUDDHOSE J. sp CRP No. 3486 of 2025 AND CMP NO. 18927 OF 2025 29-07-2026 https://www.mhc.tn.gov.in/judis