This single judge order granted a preliminary order in a partition suit. It allotted Plot A from the Commissioner's scheme to the plaintiff-shareholder along with a right of way over a south pathway.
Plot A was allotted to the plaintiff's share with a right of way over the southern pathway. The final decree is to be prepared.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.7711 of 2018 in C.S.No.712 of 2014
A.No.7711 of 2018 in C.S.No.712 of 2014
N.SESHASAYEE, J.,
The suit is laid for partition. The Commissioner has been appointed by this Court in A.No.7712 of 2018 and the Commissioner has filed his
report along with a plan prepared by approved Chartered Engineer/Valuer. The respondents have been set ex-parte in this matter.
2.Heard, the learned counsel for the applicant/plaintiff.
3.The learned counsel for the applicant/plaintiff submitted that the Commissioner has divided the properties into Plot A and Plot B and the plaintiff opts for plot A, since he has other properties adjacent to plot A. He further added that the Commissioner has also provided a passage in
the South for both the plots A and B, as a common passage.
4.The said statement is recorded.
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A.No.7711 of 2018 in C.S.No.712 of 2014
N.SESHASAYEE, J.,
Tsg
5.This Court accordingly allots plot A in the Commissioner's plan dated
01.02.2020 to the share of the plaintiff along with right of way over the
pathway shown to the south of both Plot A and B.
6.The final decree be prepared in terms of this order. The plan appended
to the Commissioner's report is to be made a part of the decree.
7.This Application is accordingly disposed of.
09.04.2021
Tsg
A.No.7711 of 2018
in C.S.No.712 of 2014
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2 issues framed by the court
Whether to allot the specific plot from the Commissioner's scheme to the plaintiff.
Whether the applicant's request for the right of way should be granted.
APPLICANT/PLAINTIFF
RESPONDENTS
N.SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
