Jayam (Died) 1. Jayakumar vs Shanmugam

Court
Madras High Court

CRP.No.6753 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.6753 of 2026
& CMP.No.29079 of 2026
CNR:{HCMA012384662026}
Jayam (Died)
1.Jayakumar
S/o Rathinasamy
Residing at No.47,
Throwpathiamman Koil Street,
Poornakuppam,
Puducherry 605 007
2. Sathiya (a) Kosalai
W/O Sakthivel
Residing at No.47,
Throwpathiamman Koil Street,
Poornakuppam,
Puducherry 605 007
3.Sarasu
W/o Perumalraja
Residing at No.47,
Throwpathiamman Koil Street,
Poornakuppam,
Puducherry 605 007
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CRP.No.6753 of 2026
4.Sakthivel
S/o Rathinasamy
Residing at No.47,
Throwpathiamman Koil Street,
Poornakuppam,
Puducherry 605 007.
...Petitioners
Vs
Shanmugam
S/o Govindarasu
Residing at No.6,
Throwpathiamman Koil Street,
Poornakuppam,
Ariankuppam Commune,
Puducherry 605 007.
...Respondent
PETITION under Article 227 of The Constitution of India
against the order dated 28.7.2026 passed in I.A.No.12 of 2026 in
O.S.No.64 of 2024 on the file of Principal Sub-Court, Puducherry.
For Petitioners: Mr.S.Vinayak
For Respondent: Mr.N.Mahendra Babu
ORDER
This civil revision petition has been filed under Article 227 of
The Constitution of India against the order dated 28.7.2026 passed
in I.A.No.12 of 2026 in O.S.No.64 of 2024 on the file of Principal
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CRP.No.6753 of 2026
Sub-Court, Puducherry (for short, the Court below) wherein the
application filed by the respondent/plaintiff under Order XXVI Rule 9
of the Civil Procedure Code (CPC) for appointment of an advocate
commissioner to visit and identify the suit property with the help of
a taluk surveyor, came to be allowed.
2. Heard the learned counsel for the petitioners/defendants
and the learned counsel appearing for the respondent/plaintiff.
3. This Court has carefully considered the submissions of the
learned counsel on either side and perused the materials available
on record and more particularly the impugned order.
4. The respondent, who is the plaintiff, filed the said suit
seeking for the relief of declaration to declare that he is the absolute
owner of the suit property and for delivery of possession.
5. The suit property has been described in the plaint as
follows:
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CRP.No.6753 of 2026
“ /
GJr;Nrhp 14> g+uzhq;Fg;gk; 1021 9.19>
GQ;ir epyk;. fpuhkk; gl;lh Nkw;gb rg;. hp.b.
mhpahq;Fg;gk; nfhk;Kd; hp.rh;Nt nek;gh;
94 / 17> fjh];jhh; vz; ne.546 apy; mlq;fpa
5 Fop 10 tPrk; msTs;s kid. ,jw;F
rf;Fge;jp : uhN[e;jpud; kidf;F njw;F>
&
uh[k; Fg;Grhkp kidf;F fpof;F njw;F ;
”
ghijf;F Nkw;F.
6. When the said suit was at the stage of final hearing, the
respondent/plaintiff filed the said application under Order XXVI Rule
9 of the CPC for appointment of an advocate commissioner. When
the said application was filed, the properties were described in the
said application as follows:
A-Schedule Property
“
GJr;Nrhp hp.b. Nkw;gb rg;.hp.b.
mhpahq;Fg;gk; nfhk;Kd; g+uzhq;Fg;gk;
fpuhkk;> hp.rh;Nt nek;gh; 94 / 17> fjh];jhh;
vz; 1021 / gp.b. gl;lh ne. 546 apy; mlq;fpa
3 Fop 10 tPrk; msTs;s GQ;ir
epyk;. ,jw;F nrf;Fge;jp : uhN[e;jpud;
kidf;F njw;F> uh[k; Fg;Grhkp kidf;F
&
fpof;F njw;F> ghijf;F
Nkw;F> ,jw;Fg;gl;lJ.
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CRP.No.6753 of 2026
B-Schedule
GJr;Nrhp hp.b. Nkw;gb rg;. hp.b.
mhpahq;Fg;gk;-nfhk;Kd;> g+uzhq;Fg;gk;
fpuhkk;> fpuhk nek;gh; 69> hp.rh;Nt nek;gh;
94 / 17> fjh];fhh; vz; 1021 / gp.b.> gl;lh ne.
A-Schedule
546 apy; Nkw;gb mlq;fpa 3 Fop
tPrk; msTs;s GQ;ir epyj;jpy; 1 Fop 10
tPrk; msTs;s kid> uh[k; ,jw;F
nrf;Fge;jp :- uhN[e;jpud; kidf;F njw;F>
Fg;Grhkp kidf;F fpof;F & njw;F>
ghijf;F Nkw;F ,jw;Fg;gl;lJ.
C-Schedule
GJf;Nrhp hp.b.> Nkw;gb rg;. hp.b.>
mhpahq;Fg;gk; nfhk;Kd;> g+uzhq;Fg;gk;
fpuhkk;> fpuhk nek;gh; 69> hp.rh;Nt nek;gh;
94 / 17> fjh];jhh; vz;. 1021 / gp.b. gl;lh ne.
546 apy; mlq;fpa 3> ½ msTs;s GQ;ir
epyj;jpy; 2 Fop msTs;s GQ;ir epyk;
kl;Lk;. ,jw;F nrf;Fge;jp : itj;jpypq;fk;
kidf;F fpof;F> mhpaGj;jphp epyj;jpw;F
njw;F> uhkrhkp kidf;F tlf;F> ghijf;F
Nkw;F> ,jw;Fg;gl;lJ. ”
7. The respondent/plaintiff wanted the advocate commissioner
to be appointed to identify the B schedule property more fully
described in the said application and for that purpose, he wanted
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CRP.No.6753 of 2026
the advocate commissioner to take the assistance of the surveyor
and to submit a report before the Court below.
8. The Court below allowed the said application on the ground
that it would enable the Court to effectively dispose of the said suit
by properly identifying the property concerned. Aggrieved by that,
the above civil revision petition has been filed before this Court.
9. In the considered view of this Court, the respondent/
plaintiff sought for the relief of declaration and for recovery of
possession by specifically describing the property in the plaint,
which has been extracted supra. The evidence has been let in by
both sides and when the said suit was at the stage of final hearing,
the said application came to be filed by the respondent/plaintiff. In
the said application, there has been a reference to Schedule A,
Schedule B and Schedule C properties and the respondent/plaintiff
wanted the advocate commissioner to be appointed to identify the B
schedule property, over which, he was claiming the right.
10. In the first place, the description given in the said
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CRP.No.6753 of 2026
application regarding the properties is completely in variance with
the description as found in the plaint schedule. Apart from that, the
respondent/plaintiff is seeking for the relief of declaration of title
and this is based on certain documents that were relied upon by
him. The Court below can grant the relief of declaration of title only
for the identifiable property as is described in the plaint. While so,
the respondent/plaintiff has come up with a strange application at
the fag end of the case by including B and C schedule properties in
the said application that were not found in the plaint schedule. The
Court below has mechanically allowed the said application without
appreciating the fact that it has been filed to gather evidence in this
case. This Court is of the considered view that the impugned order
passed by the Court below suffers from perversity warranting the
interference of this Court.
11. In the light of the above discussions, the above civil
revision petition is allowed and the impugned order dated 28.7.2026
passed in I.A.No.12 of 2026 in O.S.No.64 of 2024 on the file of
Principal Sub-Court, Puducherry is set aside. The Court below is
directed to deal with the case based on the oral and documentary
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CRP.No.6753 of 2026
evidence that has been let in by both sides and dispose of the suit
on merits. No costs. Consequently, the connected CMP is closed.
27-10-2026
To
The Principal Sub-Court,
Puducherry.
RS
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CRP.No.6753 of 2026
N.ANAND VENKATESH,J
RS
CRP.No.6753 of 2026&
CMP.No.29079 of 2026
27-10-2026
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