The High Court allowed an application for a final decree to allot shares in suit properties based on terms agreed upon by the parties after the commissioner reported measurements.
Passing of a final decree allotting specific portions of three properties to the applicants and respondents as mutually agreed, based on the Advocate Commissioner's report.
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.2130 of 2024 in C.S No.177 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.11.2024
CORAM : JUSTICE A.A.NAKKIRAN
A.No.2130 of 2024 in
C.S.No.177 of 2013
1.Vittobai Kasthuri (Deceased) 2.K. Damodaran 3.D.Vasudevan
... Applicants/Plaintiffs
Vs.
1.E. Jaganathan 2.J. Srinivasan,
3.B. Nirmala
...Respondents/Defendants
Prayer: Application under Order XIV Rule 8 of the High Court Original Side r/w Order XX Rule 18 r/w Section1 51 of CPC, praying to pass final decree by appointing an advocate commissioner to inspect the suit properties as per the schedule annexed in the suit to divide the same into 3 equal shares by metes and bounds and to allot 4/12th share to the applicants jointly.
For Applicants/Plaintiffs : Mr. P. Sesubalan Raja For Respondents/Defendants : Mr.G.RM. Palaniappan Advocate Commissioner : Mr. P. Govindarajan ********
O R D E R
1/4
A.No.2130 of 2024 in C.S No.177 of 2013
Pursuant to the preliminary judgment passed by this Court dated 21.12.2022, this application has been filed by the petitioners/plaintiffs to pass a final decree by appointing an advocate commissioner to inspect the suit property, measure the suit properties and divide the same into 3 equal shares by metes and bounds and to allot 4/12th share to the applicants/plaintiffs jointly in the petition schedule property.
A.No.2130 of 2024 in C.S No.177 of 2013
applicants/plaintiffs and the respondents/defendants are present along with their respective counsel. In the brief mutual discussion among the
parties, the following terms in allotting shares are agreed by the parties which is as follows:
Yadaval Street, Kottur, Chennai- 600 085 is concerned, “C” portion facing on the road side is allotted to the 1st plaintiff, “B” portion is allotted to the 2nd plaintiff and “A” portion is alloted to 2nd Defendant since this Court by order dated 19.01.2022 in A.No.142 of 2022 in CS No.177 of 2013 ordered to strike off the 1st and 3rd defendants as prayed therein.
5.In so far as “B” Schedule property situated at No.28, Yadaval Street, Kottur, Chennai- 600 085 is concerned, “C” portion facing on the road side is allotted to the 2nd Defendant, “B” portion is allotted to the 1st plaintiff, and “A” portion is alloted to 2nd plaintiff.
6.In so far as “C” Schedule property situated at No.1,
A.No.2130 of 2024 in C.S No.177 of 2013
Mannappa Naicken Street, Kottur, Chennai- 600 085 is concerned, all parties agreed to sell the same and after selling out of the total consideration, they will divide their respective shares among them.
Commissioner's report and sketch shall form part of the decree.
13.11.2024
Index: Yes/No Speaking/Non-speaking Order
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A.A.NAKKIRAN,J
A.No.2130 of 2024 in C.S No.177 of 2013
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A.No.2130 of 2024
in
C.S No.177 of 2013
13.11.2024
1 issue framed by the court
Whether to pass a final decree by appointing an advocate commissioner to inspect suit properties and allot agreed shares among parties.
3 provisions across 1 enactments
Vittobai Kasthuri (Deceased) and others
E. Jaganathan and others
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
