No. 1336 of 2026 ANDCMP NO. 6519 OF 20261. N.S.Mohan KumarS/o.Late Shanmugam v. U.Jinendar KumarS/o.P.Utttamkumar
Case at a glance
Outcome
Allowed
Accordingly, this Civil Revision Petition is allowed
Provisions considered
Key paragraphs
- Para 22. The petitioners herein filed I.A. No. 3 of 2022 in OS No. 568 of 2022 on the file of the Court of I Additional District Judge, Coimbatore, seeking to appoint Advocate Commissioner to note down the physical feature and measure the property. Upon hearing…
- Para 55. A perusal of records reveals that there is dispute between the parties with regard to boundaries and extent of the property. Therefore, it is necessary to appoint an Advocate Commissioner to measure the property with the assistance of a Surveyor. But the Trial Court…
Judgment
CRP No. 1336 of 2026IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 11-03-2026CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRP No. 1336 of 2026ANDCMP NO. 6519 OF 20261. N.S.Mohan KumarS/o.Late Shanmugam, Door No.111/2, Periyar Nagar, Erode Taluk, Erode District 638 0012. M.PreethaW/o. N.S. Mohan Kumar Door No.111/2, Periyar Nagar, Erode Taluk, Erode District 638 001Petitioner(s)Vs1. U.Jinendar KumarS/o.P.Utttamkumar, Door No.94,3rd Floor Dr.Nanjappa Road, Coimbatore 641 0182.V.Nilesh KumarS/o. Late. Veerendra Kumar Door No.94,3rd Floor Dr.Nanjappa Road, Coimbatore 641 0183.S.VinodS/o. Siluvainayagam Door No. 91B, Balasubramaniyam Nagar Kamadenu Nagar Avarampalayam, Ganapathy Coimbatore 641 018Respondent(s) https://www.mhc.tn.gov.in/judis CRP No. 1336 of 2026CRP No. 1336 of 2026PRAYERTo set aside the Fair and Final order dated 17.11.2025 made in I.A. No. 3 of 2022 in OS No. 568 of 2022 on the file of the Court of I Additional District Judge, Coimbatore by allowing this CRPCRP No. 1336 of 2026 For Petitioner(s):C.E.PratapR.PrabakarG.C.Nelson BrittoFor Respondent: ORDERThis Civil Revision Petition has been filed seeking to set aside the Fair and Final order dated 17.11.2025 made in I.A. No. 3 of 2022 in OS No. 568 of 2022 on the file of the Court of I Additional District Judge, Coimbatore.
The petitioners herein filed I.A. No. 3 of 2022 in OS No. 568 of 2022 on the file of the Court of I Additional District Judge, Coimbatore, seeking to appoint Advocate Commissioner to note down the physical feature and measure the property. Upon hearing both sides, the Trial Court held that Advocate Commissioner cannot be appointed to find out the facts and gather the evidence of prove the case of the parties. Accordingly, dismissed the application. Challenging the same, the petitioner filed this Civil Revision Petition.
The learned counsel for the petitioner submits that the petitioners/plaintiffs filed the suit for the relief of declaration and injunction https://www.mhc.tn.gov.in/judis CRP No. 1336 of 2026against the defendants stating that at the time of their purchase the description of property wrongly mentioned. Thereby the dispute arose between them with regard of boundaries of the property, which necessitated the petitioner to file the suit for declaration. Consequently in order to establish the boundaries, the petitioner filed the application to appoint advocate Commissioner to note down the physical feature of the suit property but it was dismissed by the Trial Court. Hence, he prays to allow this petition.
Heard the submission of the learned counsel for the petitioner.
Operative part
A perusal of records reveals that there is dispute between the parties with regard to boundaries and extent of the property. Therefore, it is necessary to appoint an Advocate Commissioner to measure the property with the assistance of a Surveyor. But the Trial Court failed to consider the same; as such impugned order is erroneous and illegal. The order dated 17.11.2025 passed in I.A. No. 3 of 2022 in OS No. 568 of 2022 on the file of the Court of I Additional District Judge, Coimbatore is set aside and direct the Trial Court to appoint Advocate Commissioner. Accordingly, this Civil Revision Petition is allowed. No Costs. Pending petition, if any, is/are closed. 11-03-2026pblIndex: Yes/NoSpeaking/Non-speaking orderInternet: YesNeutral Citation: Yes/NoToThe I Additional District Judge, Coimbatore https://www.mhc.tn.gov.in/judis CRP No. 1336 of 2026 https://www.mhc.tn.gov.in/judis CRP No. 1336 of 2026T.V.THAMILSELVI J. pblCRP No. 1336 of 2026AND CMP NO. 6519 OF 202611-03-2026
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.