Muthusamy vs S. Beena

2026:MHC:4472
CRP.Nos.7003 & 7005 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition Nos.7003 & 7005 of 2026
& CMP.Nos.30085 & 30090 of 2026
CNR:{HCMA012442702026}
CNR:{HCMA012442712026}

1. Muthusamy,
No.5/238,
Andiyur Village,
Devanurputhur Village Post,
Udumalpet Taluk,
Tiruppur District.
2. Rajammal
No.5/238,
Andiyur Village,
Devanurputhur village Post,
Udumalpet Taluk,
Tiruppur District.
...Petitioners in
both CRPs
Vs
S.Beena
No.5/290-A,
Andiyur Village,
Devanurputhur Village Post,
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2026:MHC:4472
CRP.Nos.7003 & 7005 of 2026
Udumalpet Taluk,
Tiruppur Dt.Tiruppur
...Respondent in
both CRPs
PETITIONS under Article 227 of The Constitution of India
against the orders dated 26.2.2026 passed respectively in I.A.Nos.
495 & 497 of 2024 in O.S.No.380 of 2018 on the file of District
Munsif Court, Udumalpet, Tiruppur District.
For Petitioners: Mr.Sujith.G
COMMON ORDER
These civil revision petitions have been filed under Article 227
of The Constitution of India against the orders dated 26.2.2026
passed respectively in I.A.Nos.495 & 497 of 2024 in O.S.No.380 of
2018 on the file of District Munsif Court, Udumalpet, Tiruppur
District (for short, the Court below) wherein the applications filed by
the petitioners/defendants to scrap the report of the advocate
commissioner and to appoint a fresh advocate commissioner to
inspect the suit property and file a report along with a sketch, came
to be dismissed.
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2026:MHC:4472
CRP.Nos.7003 & 7005 of 2026
2. Heard the learned counsel for the petitioners.
3. This Court has carefully considered the submissions of the
learned counsel for the petitioners and perused the materials
available on record and more particularly the impugned orders.
4. The respondent, who is the plaintiff, filed the said suit
seeking for the relief of mandatory injunction and for permanent
injunction. In the said suit, the respondent/plaintiff filed I.A.No.2132
of 2018 seeking to appoint an advocate commissioner and it was
allowed and a report was also filed by the advocate commissioner.
5. However, the petitioners/defendants had objections to the
said report of the advocate commissioner mainly on the ground that
the advocate commissioner failed to state about the house situated
in the property of the petitioners/defendants in S.F.No.190/A and
that the advocate commissioner had also not properly measured the
length, width and extent of the property of the petitioners/
defendants. Apart from that, according to the petitioners/
defendants, the report of the advocate commissioner also did not
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2026:MHC:4472
CRP.Nos.7003 & 7005 of 2026
contain the four boundaries of the property of the respondent/
plaintiff in site No.28.
6. Pursuant to that, based on the report of the advocate
commissioner, the respondent/plaintiff filed an application for
amendment of the plaint and it was stated to have been allowed.
7. The petitioners/defendants apprehended that the entire
case was moving in line with the report filed by the advocate
commissioner and therefore, filed the present applications seeking
to scrap the report of the advocate commissioner and to appoint a
fresh advocate commissioner to conduct a survey and submit a
report. Those applications were dismissed by the Court below by the
impugned orders. Aggrieved by that, the above revisions have been
filed before this Court.
8. In the case in hand, the respondent/plaintiff sought for the
relief of mandatory injunction and permanent injunction. Like in
many other cases, even before the parties let in evidence, straight
away, an application was filed for appointment of an advocate
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2026:MHC:4472
CRP.Nos.7003 & 7005 of 2026
commissioner and it was allowed, pursuant to which, a report came
to be filed. Obviously, one party or the other will have objections to
the report of the advocate commissioner.
9. The respondent/plaintiff, taking advantage of the report of
the advocate commissioner, filed an application for amendment of
the plaint and it was allowed. The petitioners/defendants, who had
filed objections to the report of the advocate commissioner, wanted
to scrap it and to appoint a fresh advocate commissioner to file a
report. The suit is of the year 2018 and this is the only progress that
has been made in the past 8 years. Even the trial has not yet
commenced.
10. This is the fifth case today where this Court is dealing with
an application pertaining to the appointment of an advocate
commissioner. In every other case, this Court is able to see that the
parties, instead of letting in oral and documentary evidence in the
suit, focus on appointment of an advocate commissioner to file a
report and that they build their case around the report of the
advocate commissioner. This Court is repeatedly deprecating this
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2026:MHC:4472
CRP.Nos.7003 & 7005 of 2026
practice and the present case also unfortunately falls under this
category.
11. Both the parties are relying upon certain documents and
the burden of proof is upon them to first establish through evidence
their respective stand taken in the said suit. Only thereafter, the
report of the advocate commissioner will come into play. However,
for the past 8 years, what had been focussed were only the report of
the advocate commissioner, the objections made, the amendment of
the plaint and the applications filed for scrapping the report of the
advocate commissioner and to appoint a fresh advocate
commissioner. The Court below is also mechanically entertaining
such applications and there is absolutely no progress in the said
suit.
12. In the considered view of this Court, the petitioners/
defendants have already filed objections to the report of the
advocate commissioner. If the plaint has been amended, the
petitioners/defendants can be allowed to file their additional written
statement for the amendment carried out. The Court below can
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2026:MHC:4472
CRP.Nos.7003 & 7005 of 2026
proceed further thereafter to record the evidence on both sides.
Since the objections have been made to the report of the advocate
commissioner, the advocate commissioner can also be examined in
the witness box. After this process is completed, the Court below
shall assess the evidence let in by both sides and also the report of
the advocate commissioner and see if it requires any further
clarification.
13. At the end of trial, while dealing with the report of the
advocate commissioner, the Court below broadly has three options.
The first option is to act upon the report of the advocate
commissioner. The second option is to scrap the report of the
advocate commissioner and appoint a fresh advocate commissioner
to conduct a survey. The third option is to seek for clarification by
issuing warrant to the same advocate commissioner by specifically
defining the scope of re-inspection. The Court below shall keep in
mind all the above observations made without being swayed by the
impugned orders dated 26.2.2026 passed in I.A.Nos.495 and 497 of
2024.
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2026:MHC:4472
CRP.Nos.7003 & 7005 of 2026
14. The above civil revision petitions are disposed of in the
above terms while sustaining the impugned orders dated 26.2.2026
passed respectively in I.A.Nos. 495 & 497 of 2024 in O.S.No.380 of
2018 on the file of District Munsif Court, Udumalpet, Tiruppur
District. Consequently, the connected CMPs are closed.


05-11-2026
Index: Yes
Speaking order
Neutral Citation: Yes
To
The District Munsif Court,
Udumalpet, Tiruppur District.
RS
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2026:MHC:4472
CRP.Nos.7003 & 7005 of 2026
N.ANAND VENKATESH,J
RS
CRP.Nos.7003 & 7005 of 2026 &
CMP.Nos.30085 & 30090 of 2026
05-11-2026
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