GOVINDAN Vs. MALAICHAMY

JUDGEMENT

(1.) The unsuccessful defendant in O.S.No.158 of 2013 is the petitioner before this Court. The petitioner is challenging the impugned fair and decreetal order dtd. 31/8/2021, passed by the Sub-Court, Sivagangai, in I.A.No.1 of 2020 in A.S.No.53 of 2018.

(2.) By the impugned order, the Sub-Court, Sivagangai, has rejected I.A.No.1 of 2020 in A.S.No.53 of 2018 filed by the petitioner under Order XXVI Rule 9 of C.P.C. for appointment of an Advocate Commissioner. Relevant portion of the impugned order reads as under:- <IMG>JUDGEMENT_42_LAWS(MAD)4_2023_1.jpg</IMG>

(3.) The respondent herein had filed O.S.No.158 of 2013 for declaration before the District Munsif Court, Sivagangai, for declaration, recovery of possession of the suit property and for mandatory injunction to remove the encroachment allegedly made by the petitioner in the suit property.