The Madras High Court passed an judgement on 28th of April, 2023 in which it established that the petitioners cannot ask for re-appointment of an Advocate Commissioner or to scrap the reports. However, they can discredit the report with required contradictions. This was seen in the case of Essakiammal and Anr. v. Chellammal (C.R.P.(MD)No.1928 of 2022 and C.M.P.(MD)No.8768 of 2022) and the case was presided over by The Honourable Mr. Justice C. Saravanan
FACTS OF THE CASE:
The petitioner filed for a Civil Revision Petition against the order of Principal District Munsif, Valliyoor. They asked for the appointment of a new Advocate Commissioner to measure and give a detailed report with map of the suit schedule property with the help of a surveyor.
JUDGEMENT:
The counsel for the appellant contented that the Advocate Commissioner had carried on measuring without notice and in absence of the petitioners and without the help of the surveyor. The learned single judge after listening to the contentions, held that the petitioners cannot ask for re-appointment of an Advocate Commissioner or to scrap the reports. However, they can discredit the report with required contradictions. Thus, the Civil Revision Petition was dismissed.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA
