S.Mary Suganthi v. S.Ebinesar Rajasekaran
Case brief
What is this about?
The court appointed Ms. V. Rani as Advocate Commissioner to inspect properties, ascertain rent quantum, and divide the suit properties. Initial fees were fixed at Rs. 40,000 payable by the applicant, with a report due by 03.08.2023. A warrant was issued immediately.
What did the court decide?
Appointed Ms. V. Rani as Advocate Commissioner for inspection and division; fixed remuneration at Rs. 40,000; fixed report date as 03.08.2023; issued warrant for immediate service.
What the court decided
A compact analysis
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.2697 of 2023 and 2698 of 2023 in C.S. No.639 of 2015
A.A.NAKKIRAN, J.
These two applications have been filed by the applicant/plaintiff to appoint an Advocate Commissioner i) to conduct enquiry and find out the quantum of rents collected by the Respondent in respect of the suit schedule properties and consequently to direct the respondent to pay the applicant, the half share of the rents collected by the respondent and ii) to find out the mode of division and direct the Advocate
Commissioner to divide and allot 1/ 2 share in the suit schedule properties to the applicant/plaintiff.
- Heard the counsel for the applicant/plaintiff.
- No representation for the respondent/defendant.
- Ms.V.Rani, Advocate, Enrolment No. MS 1817/2013, No.1, Big Street, 1st
Floor, Keelkattalai, Chennai-117, (Cell No.9677054604) is appointed as the Advocate Commissioner to inspect the suit schedule property and to find out the mode of division and divide and allot 1/ 2 share in the suit schedule properties to the applicant/plaintiff and also to conduct enquiry and find out the quantum of rents collected by the Respondent in respect of the suit schedule properties. The initial remuneration of the Advocate Commissioner is fixed at Rs.40,000/- (Rupees Forty Thousand only) and the same shall be paid by the applicant/plaintiff, directly to the Advocate Commissioner. https://www.mhc.tn.gov.in/judis The Commissioner shall file her report on or before 03.08.2023.
Issues for consideration
3 issues framed by the court
Whether to appoint an Advocate Commissioner to ascertain rent quantum and divide suit schedule properties.
Whether to fix remuneration for the Advocate Commissioner and direct payment by the applicant.
Whether to issue a warrant to issue notice immediately.
Parties & counsel
- petitioner
Applicant/Plaintiff
- respondent
Respondent/Defendant
Coram
A.A.NAKKIRAN
Case details
As recorded by the court registry
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