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M/s. Power Soap Ltd, represented by its Managing Director K. Dhanapal, Puducherry v/s Valliammal & Others


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- PUDUCHERRY POWER CORPORATION LIMITED [Active] CIN = U40109PY1993SGC000876

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- V P SOAP PVT LTD [Active] CIN = U24241WB1991PTC052070

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- M R SOAP PRIVATE LIMITED [Active] CIN = U24241UP1981PTC005307

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

    C.R.P. (PD) No. 3342 of 2018 & CMP No. 18956 of 2018

    Decided On, 30 July 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYAN

    For the Petitioner: S. Sudarshan, For the Respondents: R1 to R5, R. Thiagarajan, Advocate.



Judgment Text

(Prayer:- Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 25.07.2018 in I.A.No.308 of 2018 in O.S.No.194 of 2013 on the file of the learned Additional Subordinate Judge at Puducherry.)1. This Civil Revision Petition is filed against the fair and decreetal order dated 25.07.2018 made in I.A.No.308 of 2018 in O.S.No.194 of 2013 on the file of the learned Additional Subordinate Judge, Puducherry, thereby allowing the petition for appointment of Advocate Commissioner.2. The revision petitioner is the third defendant and the respondents 1 to 5 are the plaintiffs. The respondents 1 to 5 filed a suit in O.S.No.194 of 2013 for declaration and recovery of possession. They also prayed for declaration, declaring that the sale deed executed by the first defendant in favour of the second defendant dated 30.12.1992 as null and void and prayed for declaration, declaring that the sale deed executed by the second defendant in favour of the third defendant dated 27.12.2012 as null and void.3. After examination of P.W.1, the respondents 1 to 5 filed a petition seeking appointment of Advocate Commissioner to inspect the petition premises with the assistance of competent Surveyor and to note down the physical features based on the documents of the petitioner as well as the respondents and to file a report along with the sketch and plan. The said petition was allowed and aggrieved by the same, the Civil Revision Petition is filed by the petitioner.4. The learned counsel for the petitioner would submit that after examination of P.W.1, the present application was filed only to fill up the lacuna and no purpose would be served if the Advocate Commissioner visits the property.5. According to the respondents 1 to 5, the suit property was purchased by the husband of the first respondent herein by a sale deed dated 19.08.1977 and possession of the said property was handed over to them. When it being so, the challenged sale deed executed by the first defendant in favour of the second defendant dated 30.12.1992. In turn, the second defendant executed the sale deed in favour of the third defendant by a registered sale deed dated 27.12.2012. In fact, P.W.1 categorically deposed that the third defendant put up construction in the suit property and as such, no need to inspect the suit property to find out the physical features. Since there is no dispute in respect of identity of the property. 6. Per contra, the learned counsel for the respondents 1 to 5 submitted that even in the written statement, the petitioner disputed about the extent of description stated in the plaint. He also disputed the suit property as if it is not at all in physical existence in the description of the suit property as stated in the plaint as per the sale deed of the year 1977. He further submitted that the suit property is an extent of 25 kuzhies (13.38 ares) out of the total extent of 1 kani 35 kuzhies. Therefore, the identity of the property is very much required in this case and the Court below rightly allowed the petition for appointment of Advocate Commissioner. He further submitted that the Advocate Commissioner had already inspected the suit property and about to file his report, unfortunately, he died. Therefore, another Advocate Commissioner was appointed and he is about to visit the suit property.7. Heard, Mr.S.Sudarshan, learned counsel for the petitioner and Mr.R.Thiagarajan, learned counsel for the respondents 1 to 5 and perused the materials available on record.8. The petitioner is the third defendant and the respondents 1 to 5 are the plaintiffs. The respondents 1 to 5 filed a suit in O.S.No.194 of 2013 for declaration and recovery of possession in respect of the suit properties. Admittedly, they purchased the property to an extent of 25 kuzhies (13.38 ares) out of the total extent of 1 kani 35 kuzhies comprised in Cadastre No.839, Re-survey No.290/2 situated at Kalitheerthalkuppam Village, Thirukkanur, Pondicherry. In fact, P.W.1 deposed that in the total extent, one portion was constructed and the suit property is lying vacant with compound. Therefore, it is just necessary to visi

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t the suit property with the help of surveyor to note down the physical features as per the documents of the petitioners as well as the respondents 1 to 5 herein. Therefore, the Court below rightly allowed the petition.9. In view of the above, this Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, the Civil Revision Petition stands dismissed. Consequently, connected Miscellaneous Petition is closed. No order as to costs.
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