Madras High Court
Vittobai vs E. Jaganathan on 13 November, 2024
A.No.2130 of 2024 in C.S No.177 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.11.2024
CORAM : JUSTICE A.A.NAKKIRAN
A.No.2130 of 2024
in
C.S.No.177 of 2013
1.Vittobai
Kasthuri (Deceased)
2.K. Damodaran
3.D.Vasudevan ... Applicants/Plaintiffs
Vs.
1.E. Jaganathan
2.J. Srinivasan,
3.B. Nirmala ...Respondents/Defendants
Prayer: Application under Order XIV Rule 8 of the High Court Original
Side r/w Order XX Rule 18 r/w Section1 51 of CPC, praying to pass final
decree by appointing an advocate commissioner to inspect the suit
properties as per the schedule annexed in the suit to divide the same into
3 equal shares by metes and bounds and to allot 4/12th share to the
applicants jointly.
For Applicants/Plaintiffs : Mr. P. Sesubalan Raja
For Respondents/Defendants : Mr.G.RM. Palaniappan
Advocate Commissioner : Mr. P. Govindarajan
****
ORDER
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A.No.2130 of 2024 in C.S No.177 of 2013
Pursuant to the preliminary judgment passed by this Court
dated 21.12.2022, this application has been filed by the
petitioners/plaintiffs to pass a final decree by appointing an advocate
commissioner to inspect the suit property, measure the suit properties and
divide the same into 3 equal shares by metes and bounds and to allot
4/12th share to the applicants/plaintiffs jointly in the petition schedule
property.
2. After hearing both sides, this Court, by an order dated
09.08.2024, appointed one Mr. P.Govindarajan, Advocate, as Advocate
Commissioner to inspect and measure the suit schedule property allotting
respective shares to the parties. In pursuance of the warrant issued by this
Court, the Commissioner has also inspected the suit schedule property
and measured the same with a licensed surveyor and filed the a report
along with a sketch.
3. When the matter came up for hearing today, the
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A.No.2130 of 2024 in C.S No.177 of 2013
applicants/plaintiffs and the respondents/defendants are present along
with their respective counsel. In the brief mutual discussion among the
parties, the following terms in allotting shares are agreed by the parties
which is as follows:
4. In so far as “A” Schedule property situated at No.31,
Yadaval Street, Kottur, Chennai- 600 085 is concerned, “C” portion
facing on the road side is allotted to the 1st plaintiff, “B” portion is
allotted to the 2nd plaintiff and “A” portion is alloted to 2nd Defendant
since this Court by order dated 19.01.2022 in A.No.142 of 2022 in CS
No.177 of 2013 ordered to strike off the 1st and 3rd defendants as prayed
therein.
5.In so far as “B” Schedule property situated at No.28, Yadaval
Street, Kottur, Chennai- 600 085 is concerned, “C” portion facing on the
road side is allotted to the 2nd Defendant, “B” portion is allotted to the 1st
plaintiff, and “A” portion is alloted to 2nd plaintiff.
6.In so far as “C” Schedule property situated at No.1,
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A.No.2130 of 2024 in C.S No.177 of 2013
Mannappa Naicken Street, Kottur, Chennai- 600 085 is concerned, all
parties agreed to sell the same and after selling out of the total
consideration, they will divide their respective shares among them.
7. In view of the same, a final decree is passed. The
Commissioner's report and sketch shall form part of the decree.
8. Accordingly, this application is allowed. No costs.
13.11.2024
Index: Yes/No
Speaking/Non-speaking Order
lbm
A.A.NAKKIRAN,J
https://www.mhc.tn.gov.in/judis
A.No.2130 of 2024 in C.S No.177 of 2013
Lbm
in
13.11.2024
https://www.mhc.tn.gov.in/judis
