The High Court of Madras dismissed applications for final decree and appointment of an advocate commissioner as withdrawn, following a refund of fees by the commissioner.
Applications in A.Nos.4596 & 4597 of 2019 are dismissed as not pressed; connected application is closed.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
THURSDAY, THE 3RD DAY OF MARCH 2022
THE HON'BLE MR. JUSTICE P.VELMURUGAN
A. Nos.4596, 4597 and 5039 of 2019 in C.S. No.570 of 2018
V.Nicholas, S/o.S.Vanathanathan, No.89/71, S.N.Chetty Street, Royapuram, Chennai-600 013. ... Applicant/Plaintiff (in A. Nos.4596 & 4597 of 2019)
-Versus-
No.24, 1st Street, Kasi Garden, Royapuram, Chennai-600 013.
... Respondents/Defendants (in A. Nos.4596 & 4597 of 2019)
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A. No.4596 of 2019:-
Application praying that this Hon'ble Court be pleased to pass a final decree in accordance with the preliminary decree dated 04.04.2019 in C.S. No.570 of 2018.
A. No.4597 of 2019:-
Application praying that this Hon'ble Court be pleased to appoint an Advocate Commissioner to sell the suit items 1 & 2 of A schedule properties and Item 1 of B schedule properties which are morefully described in the Judge's Summons and direct the distribution of the sale proceeds to the plaintiff and the defendants in accordance with their respective shares as provided under the preliminary decree dated 04.04.2019 in C.S. No.570 of 2018.
A. No.5039 of 2019:-
Sri.V.Anandaraj, S/o.S.Vanathanathan, No.89/71, S.N.Chetty Street, Royapuram, Chennai-600 013. ... Applicant
Vs.
1.V.Nicholas, S/o.S.Vanathanathan, No.89/71, S.N.Chetty Street, Royapuram, Chennai-600 013.
No.41, 2nd Street, Kasi Garden, Royapuram, Chennai-600 013.
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3. Smt.S.Prethi Kantha,
W/o.M.Samidurai, No.6, Azhagiripuram, 2nd Street, Bharatheeswaran Colony, Kodambakkam, Chennai-600 024.
W/o.Jayaraj, No.24, 1st Street, Kasi Garden, Royapuram, Chennai-600 013. ... Respondents
Application praying that this Hon'ble Court be pleased to pass a final
decree in accordance with the preliminary decree dated 04.04.2019 in C.S.No.570/2018.
This Application coming on this day before this court for hearing, the court made the following order:-
The learned counsel for the applicant/plaintiff submits that he is withdrawing the applications filed seeking to pass final decree in the above
suit and to appoint an Advocate Commissioner and the respondents/defendants have no objections for the same.
Rs.20,000/- in addition to Rs.25,000/- for effecting publication and the same
has not been done by the Advocate Commissioner for one reason or other.
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Therefore, when the matter was taken up for hearing in the morning, the
learned Advocate Commissioner was directed to refund the said amount
paid by the parties and he also agreed for the same.
Mr.D.Ravichander, learned Advocate Commissioner refunded the said remuneration received from the parties by way of cheque and the same is recorded.
Sd./-PVJ. 03/03/2022
//Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
EVK 23/03/2022
V.Nicholas
Sri.V.Anandaraj
Smt.X.Mary Regina
Smt.S.Prethi Kantha
Smt.J.Shanthi
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
