P.Sathish Kumar vs B.Karthikeyan
- Court
- Madras High Court
CRP No. 6444 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6444 of 2026
and CMP No.27708 of 2026
CNR: {HCMA012400002026}
P.Sathish Kumar
S/o. Ponnusamy Gounder,
No.3/240,
Ugayanur,
Veerapandi Via,
Tiruppur,
Tiruppur South Taluk,
Tiruppur District.
..Petitioner(s)
Vs
1. B.Karthikeyan
S/o. Balasubramaniam,
No.3/354,
Eri Thottam,
Ugayanur,
Tiruppur,
Tiruppur South Taluk,
Tiruppur District.
2. P.Balasubramanian
S/o. Ponnusamy,
No.3/240,
Ugayanur,
Veerapandi Via,
Tiruppur,
Tiruppur South Taluk,
Tiruppur District.
__________
Page1 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:58 pm )
CRP No. 6444 of 2026
3. B.Permalatha
W/o. Balasubramanian,
No.3/240,
Ugayanur,
Veerapandi Via,
Tiruppur,
Tiruppur South Taluk,
Tiruppur District.
4. V.Raja Chakravarthi
S/o. Venkatraman,
No.1,
Sherif Colony,
Tiruppur,
Tiruppur South Taluk,
Tiruppur District.
5. P.Senthilkumar
S/o. Ponnusam Gounder,
No.3/240,
Ugayanur,
Veerapandi Via,
Tiruppur,
Tiruppur South Taluk,
Tiruppur District.
6. B.Maheshwaran
S/o. Balasubramanian,
No.3/354,
Eri Thootam,
Ugayanur,
Tiruppur,
Tiruppur South Taluk,
Tiruppur District.
..Respondent(s)
__________
Page2 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:58 pm )
CRP No. 6444 of 2026
Prayer:
Petition filed under Article 227 of the Constitution of India praying to set
aside the Docket order dated 27.07.2026 passed in IA No.480 of 2026 in OS
No.184 of 2026 on the file of the Additional District Munsif Court, Tiruppur.
For Petitioner(s): Ms.R.Hemalatha
For Respondent(s): Mr.S.Vinoth Kumar for R1
Rr2 To 6 Notice Dispensed With
Vide In Court Order Dt. 05.10.2026
ORDER
This Civil Revision Petition has been filed under Article 227 of the
Constitution of India against the fair and decreetal order passed in IA No.480 of
2026 in OS No.184 of 2026, dated 27.07.2026, on the file of the Additional
District Munsif Court, Tiruppur. wherein the petitioner/5th defendant has
questioned the ex-parte order dated 27.7.2026, appointing an Advocate
Commissioner, to inspect the suit property and to submit a report.
2.Heard the learned counsel for the petitioner and the learned counsel for
st
the 1 respondent.
3.This Court carefully considered the submissions made on either side
and the materials available on record and this Court also went through the
docket order passed by the Court below.
__________
Page3 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:58 pm )
CRP No. 6444 of 2026
st
4.The 1 respondent is the plaintiff who filed the suit in OS.No.184 of
2026, seeking for the relief of permanent injunction. Along with the suit,
IA.No.480 of 2026, was filed under Order XXVI Rule 9 of CPC, for
appointment of an Advocate Commissioner. The Court below appointed an
Advocate Commissioner by ex-parte order dated 27.7.2026. Aggrieved by the
same, the present CRP has been filed before this Court.
st
5.The learned counsel for the 1 respondent/plaintiff submitted that the
petitioner also filed a suit in OS.No.147 of 2026, with respect to the present suit
property and an ex-parte order was passed appointing an Advocate
st
Commissioner and the report has also been filed. The 1 respondent/plaintiff
found that the report will seriously prejudice the plaintiff and therefore along
with the present suit the application was filed for appointment of an Advocate
Commissioner.
6.In the considered view of this Court, appointment of an Advocate
Commissioner can be resorted only to enable the Court to effectively dispose of
the suit. This Court is repeatedly holding that the Court has to primarily deal
with the evidence let in by them both sides and the report of the Advocate
Commissioner can only be considered as a corroborative piece of evidence.
However, presently there is a trend where parties straightway file an application
__________
Page4 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:58 pm )
CRP No. 6444 of 2026
for appointment of an Advocate Commissioner and based on the report, both
parties develop their case and the suit is kept pending for years together without
any progress and both parties keep agitating the case only based on the report of
the Advocate Commissioner. This trend has resulted in many suits pending and
many civil revision petitions being filed before this Court and ultimately it clogs
the system.
7.In the case in hand, the petitioner seem to have filed a suit in
OS.No.147 of 2026 and the Court has deemed it fit to pass an ex-parte order
st
appointing an Advocate Commissioner. Similarly, the 1 respondent/plaintiff
has filed the present suit and filed an application for appointment of an
Advocate Commissioner and an ex-parte order has been passed by the Court
below. If the Court below had avoided passing such orders, the same would not
have resulted in filing the present CRP and the Court could have made some
progress in the suit.
8.In the light of the above discussion, the Court below is directed to
st
afford an opportunity to the petitioner/5th defendant and the 1
respondent/plaintiff and pass final orders in I.A.No.480 of 2026, within a period
of four weeks from the date of receipt of copy of the order. Ultimately, the
Court below shall keep in mind the observations made supra.
__________
Page5 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:58 pm )
CRP No. 6444 of 2026
9.This Civil Revision Petition is disposed of in the above terms. No
costs. Consequently, connected miscellaneous petition is closed.
05-11-2026
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
kp
__________
Page6 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:58 pm )
CRP No. 6444 of 2026
To
The Additional District Munsif Court
Tiruppur.
__________
Page7 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:58 pm )
CRP No. 6444 of 2026
N.ANAND VENKATESH, J.
KP
CRP No. 6444 of 2026
05-11-2026
__________
Page8 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 10/11/2026 12:42:58 pm )