High CourtsSingle Bench(2003) 06 MAD CK 0058

R. Lakshmana Perumal vs Mrs. M. Rajamani

Madras High Court · Decided on 25 June 2003

HON’BLE JUDGES
M. Chockalingam, J
RESULT
Dismissed
CASE NUMBER
C.R.P. (P.D.) No. 1047 of 2003 and C.M.P. No. 6881 of 2003

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Judgment

10 paragraphs · 235 words

M. Chockalingam, J.—No case is made out by the petitioner herein to interfere with the order of the court below.

2.

It was a suit for permanent injunction, in which an Advocate Commissioner was appointed for the inspection of the suit property. He inspected

the suit property and filed a report. After filing of the report, no objection was filed by the petitioner herein/defendant. The instant application has

been filed to reissue the commission warrant after the plaintiff''s evidence was over and when the defendant was to march his evidence.

3.

Admittedly, it was a suit for injunction. The Commissioner was appointed, who made inspection of the suit property. But, the defendant did not

file any objection therefor. Now, the plaintiff''s evidence was over and the defendant has to march his evidence. Hence, at this stage, this

application for the reissue of the commission warrant was nothing, but to drag on the suit proceedings and the application was liable to be

dismissed. Accordingly, it was dismissed by the lower court. The lower court was perfectly correct in rejecting the request for the reasons stated in

the order. Therefore, the Court is unable to see any reason to interfere in the order of the court below. No infirmity or illegality is noticed in the

order of the lower court. Hence, this civil revision petition fails and the same is dismissed. Consequently, connected CMP is also dismissed.