M.Sundari vs Illayaraja Advocate - S. Karthick kumar — 135/2024

Summary: The District Munsif Court of Vadipatti dismissed the defendant's petition filed under Order 26 Rule 9 of CPC seeking appointment of an advocate commissioner to inspect, measure, and assess possession of the disputed property. The court held that an advocate commissioner cannot be appointed to determine possession in a permanent injunction suit, as such determination must be established through oral and documentary evidence, citing the High Court's precedent in S. Anand v. A. Jeyabalan (2020 (1) CTC 182). The petition was dismissed with no costs. This case analysis is maintained by casestatus.in based on publicly available court records.