Settu v. Elumalai
Case brief
What is this about?
Civil Revision Petition challenging a trial court order appointing an Advocate Commissioner for the entire suit property. The High Court held that since the preliminary decree covered only four items, the process was restricted to those items.
What did the court decide?
The order appointing the Advocate Commissioner was modified; the appointment is restricted only to Items Nos.1 to 4 of the suit properties.
What the court decided
C.R.P. (NPD) No. 2163 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.10.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
C.R.P(NPD).No.2163 of 2021
and C.M.P.No.16397 of 2021
Settu
... Petitioner
Vs.
1.Elumalai
Chinnaponnu (Died)
Thangavel (Died)
2.Pandian
Narayanasamy (Died)
3.Ammakannu
(Cause title accepted vide Court order dated
22.09.2021,made in C.M.P.No.15459 of 2021
in C.R.P.SR.No.70190 of 2021 GCSJ) ... Respondents
Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the order passed in I.A.No.943 of 2017 in O.S.No.99 of 1998 on the file of the learned Principal District Munsif Court, Ulundurpet dated 15.10.2020.
For Petitioner : Mr. R.Baskar
C.R.P. (NPD) No. 2163 of 2021
Issues for consideration
2 issues framed by the court
Whether final decree petition was correctly filed for all 10 suit properties when the preliminary decree was only for items 1 to 4.
Whether the order appointing an Advocate Commissioner for all 10 properties should be modified to cover only items 1 to 4.
Parties & counsel
- petitioner
Settu ...
- respondent
Elumalai Chinnaponnu
Coram
G.CHANDRASEKHARAN
Case details
As recorded by the court registry
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