CRP/1792/2026 of Kannappan Vs Nageshwari
CRP No. 1792 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-04-2026
CORAM
THE HONOURABLE MRS.JUSTICE T.V .THAMILSELVI
CRP No. 1792 of 2026
and
CMP.No.8129 of 2026
1. Kannappan
S/o.Late Vaidhi, No.4/136, Nadu St,
Kovoor, Chennai 128. Saroja (Died)
B.Palani (Died)
2. K. Kala
D/o.late Balaraman, No.4/136, Nadu St,
Kovoor, Chennai 128.
3. B.Saravanan
S/o.late Balaraman, No.4/136, Nadu St,
Kovoor, Chennai 128.
4. Sharmila
W/o.Late Palani, No.4/136, Nadu St,
Kovoor, Chennai 128.
5. Dinesh
S/o.Late Palani, No.4/136, Nadu St,
Kovoor, Chennai 128.
6. Theerthana
D/o.late palani, No.4/136, Nadu St,
Kovoor, Chennai 128.
7. Monish
S/o.Late Palani, No.4/136, Nadu St,
Kovoor, Chennai 128.
Petitioner(s)
Vs
1. Nageshwari
W/o.Late Sekhar, No.38, 1st Street,
Government Farm, Saidapet,
Chennai 015.
https://www.mhc.tn.gov.in/judis
CRP No. 1792 of 2026
2.Duraikannu
S/o.Michael, No.1/75, Thamarai Salai,
Bondhoor Village and Post,
Sriperumbudur Tk, Kancheepuram Dist
602 105.
Respondent(s)
PRAYER
Civil Revision Petition filed under Article 227 of Constitution of Indi a, praying
to set aside the order dated 22.7.2025 in IA.NO.5/2025 in OS.No.24/2009 on
the file of the Additional Sub Court, Kancheepuram.
For Petitioner(s): MR.P.Pandiyaraj
For Respondent(s):
ORDER
The revision petitioners have filed this petition, praying to set asi de the
order dated 22.7.2025 in IA.NO.5/2025 in OS.No.24/2009 on the file of the
Additional Sub Court, Kancheepuram.
2. Before the trial court, the plaintiffs filed an application in I.A. No. 5 of
2025 in OS.No.24/2009 seeking the appointment of an Advocate Commissioner
to inspect the suit property. The application was dismissed by the l earned trial
judge on the ground that it was filed belatedly, nearly 18 years after the
institution of the suit and after the commencement of trial, parti cularly at the
stage of defence evidence.
3. The learned counsel for the petitioners submitted that the suit wa s filed
for declaration and recovery of possession. During the cross-examination of
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CRP No. 1792 of 2026
PW1, a doubt arose regarding whether a Commissioner had been appointed to
prove the alleged encroachment earlier, and hence, the present applic ation was
filed as the Commissioner’s report is necessary.
4. Though the application is belated, considering the nature of the suit and
the allegation of encroachment, this Court is of the opinion that the report of the
Advocate Commissioner may assist the court in proper adjudication. Denial of
such an opportunity may lead to multiplicity of proceedings and af fect the right
of the parties to effectively present their case.
5. Accordingly, this Court is inclined to set aside the order of the trial
court, and the application in IA.NO.5/2025 in OS.No.24/2009 on the file of the
Additional Sub Court, Kancheepuram, is allowed.
6. The trial court is directed to appoint an Advocate Commissioner wi thin
two weeks. The Commissioner shall file the report within four weeks thereafter,
after issuing notice to both parties. The trial court is directed to proceed with the
matter.
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CRP No. 1792 of 2026
7. Accordingly, the Civil Revision Petition is allowed. Consequently, t he
connected Miscellaneous petition is closed. No costs.
10-04-2026
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
rri
https://www.mhc.tn.gov.in/judis
CRP No. 1792 of 2026
To
1.Nageshwari
W/o.Late Sekhar, No.38, 1st Street,
Government Farm, Saidapet, Chennai
015.
2.Duraikannu
S/o.Michael, No.1/75, Thamarai Salai,
Bondhoor Village and Post,
Sriperumbudur Tk,
Kancheepuram Dist 602 105.
3.The Additional Sub Judge,
Kancheepuram.
4. The Section Officer, VR Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
CRP No. 1792 of 2026
T.V .THAMILSELVI J.
rri
CRP No. 1792 of 2026
10-04-2026
https://www.mhc.tn.gov.in/judis