For relief of permanent injunction parties of suit has to prove who is in possession of suit schedule property by examining evidence and documents and not through Advocate Commissioner even though, defendant has given no objection for appointment of Advocate Commissioner.

Citation

AIROnline 2022 Mad 668

Madras High Court

J. SATHYA NARAYANA PRASAD , J.

C.R.P(PD) - 3980 of 2016 D/- 8 - 3 - 2022

Kanniammal v. Chellamuthu

Civil P.C. (5 of 1908), O.26 R.9, S.151 - Appointment of Advocate Commissioner - Suit for

permanent injunction - Application for appointment of Advocate Commissioner by both parties

against each other in two different suits - For relief of permanent injunction parties of suit has

to prove who is in possession of suit schedule property by examining evidence and documents

and not through Advocate Commissioner even though, defendant has given no objection

for appointment of Advocate Commissioner to note down physical features of suit schedule

property - Dismissal of application, proper.

 (Paras 11 , 14)