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2024 DIGILAW 612 (MAD)

S. Rajeswari v. P. S. Murugesan

2024-03-07

A.A.NAKKIRAN

body2024
JUDGMENT : (Prayer: Application under Order XIV Rule 8 of O.S Rules r/w Order XXXIV Rule 5 (3) and Section 151 of CPC, praying to pass final decree in terms of the preliminary decree dated 31.07.2023 by appointing an Advocate Commissioner to inspect the suit property and to divide by metes and bounds with equal share and allot one share to the plaintiff as per the decree dated 31.07.2023 in C.S.No. 55 of 2016.) 1. This application has been filed by the applicant/plaintiff to pass a final decree in terms of the preliminary decree dated 31.07.2023 by appointing an Advocate Commissioner to inspect the suit property and to divide by metes and bounds with equal share and allot one share to the plaintiff as per the preliminary decree dated 31.07.2023 in respect of the suit properties, morefully described in the schedule. 2. Pursuant to the preliminary decree passed by this Court on 31.07.2023 in the suit, A.No. 6019 of 2023 has been filed by the applicant/plaintiff to appoint an advocate commissioner to inspect the suit schedule properties and to divide by metes and bounds with equal share and allot one share to the plaintiff in properties, morefully described in the schedule. 3. After hearing the learned counsel for the plaintiff, this Court, by an order dated 13.12.2023, appointed Ms.J.Vennilla, Advocate, as Advocate Commissioner to inspect the suit schedule properties; to find out the mode of division by metes and bounds to allot one share to the plaintiff in respect of the suit schedule properties. In pursuance of the warrant issued by this Court, the Commissioner has also inspected the suit schedule properties, measured the same and thereby suggested mode of division in respect of schedule of property comprised in Old Survey No. 5783, present Survey No. 5183, Block No. 118, T.Nagar, Mambalam-Guindy Taluk, Chennai. The Commissioner has filed her report along with fair and rough sketch and photographs. She has also mentioned in her report "Two Parts" in the fair sketch, named as "A" & "B". 4. Today, both the plaintiff and the defendants are present and they are represented by their counsel. 5. The learned counsel for the plaintiff submitted that the plaintiff agrees to take "A" part of the property. The learned counsel for the defendants submitted that the defendants agree to take "B" part of the property. 6. 4. Today, both the plaintiff and the defendants are present and they are represented by their counsel. 5. The learned counsel for the plaintiff submitted that the plaintiff agrees to take "A" part of the property. The learned counsel for the defendants submitted that the defendants agree to take "B" part of the property. 6. Upon hearing both sides and perusing commissioner's report, this court is inclined to allot 'A' part to the plaintiff and 'B' part to the defendants in the sketch. 7. With the above terms, a final decree is passed. The Commissioner's report, fair and rough sketch and photographs shall form part of the final decree. 8. Accordingly, this application is allowed. No costs.