LexDraft · Judgments

CRP/1792/2026 of Kannappan Vs Nageshwari

Madras High Court · 2026

Coram: HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

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 https://www.mhc.tn.gov.in/judis 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. https://www.mhc.tn.gov.in/judis 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