I.A., seeking extension of time for execution of Warrant, to be filed, if delay caused by parties to proceedings- Delay in execution of Warrant caused by lapse on part of Advocate Commissioner Court ought to have recalled Warrant,

Citation 

2022 (3) CTC 97 (Mad)

IN THE HIGH COURT OF MADRAS

A.D. Jagadish Chandira, J.

C.R.P.(PD) No.1546 of 2017 in C.M.P. No.7179 of 2017

June 23, 2021

K. Muthu. 2. M. Rameshkumar, rep. by his Power Agent, M. Madheswari

...Petitioner

P. Thangammal. 2. B. Raja. 3. R. Dhanalakshmi

...Respondent

Code of Civil Procedure, 1908 (5 of 1908), Order 26, Rule 18 B-Civil Rules of Practice, Rule 83-Suit for Permanent Injunction - Advocate Commissioner appointed to inspect Suit property and file Report - I.A. seeking said appointment closed for failure of Commissioner to file Report and failure to seek extension of time under Rule 83-Challenged Held 1.A., seeking extension of time for execution of Warrant, to be filed, if delay caused by parties to proceedings- Delay in execution of Warrant caused by lapse on part of Advocate Commissioner Court ought to have recalled Warrant, directed return of remuneration and appointed another Advocate Commissioner Closing 1.A. for want of Petition by party Rule 83, not maintainable - Matter remitted to Trial Court to appoint new Advocate Commissioner, after recalling earlier Warrant and directing refund of remuneration by earlier Advocate Commissioner.