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M.Kumaran v. M.Saravanan

Madras HC24 Jun 2025A/2446/2025

Case brief

AI extract

What is this about?

Appointment of Advocate Commissioner; partition suit C.S.No.136 of 2022; division of A and B Schedule properties by metes and bounds; half share to applicant/defendant and respondent/plaintiff; preliminary decree dated 11.10.2023; Commissioner Ms.R.Dhanalakshmi; report due 28.07.2025; warrant by 02.07.2025; remuneration Rs.30,000/- borne equally; High Court of Judicature at Madras; Justice K.Kumaresh Babu; order dated 24-06-2025.

What did the court decide?

Application allowed: Ms.R.Dhanalakshmi, Advocate appointed as Advocate Commissioner to report on division of the Schedule properties by 28.07.2025; initial remuneration Rs.30,000/- excluding expenses borne equally by the parties; Registry to issue warrant by 02.07.2025; matter posted to 28.07.2025. ¶24

M.Kumaran Vs M.Saravanan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether an Advocate Commissioner should be appointed to effect division of the plaint A and B Schedule mentioned properties by metes and bounds and allot half share each to the applicant/defendant and respondent/plaintiff.

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Court's answer

Considering the facts, submissions of counsel, absence of objection from the respondent, and the preliminary decree passed on 11.10.2023, the Court held the applicant had made out his case and accordingly appointed Ms.R.Dhanalakshmi, Advocate as Advocate Commissioner to file a report on the Schedule mentioned properties, if necessary with the help of a Surveyor.

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Ratio / Principle

The Advocate Commissioner is entitled to an initial remuneration of Rs.30,000/- excluding her expenses, to be borne by the parties in equal proportion; she is directed to file her report on or before 28.07.2025 and the Registry is to issue the warrant by 02.07.2025.

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Detailed headnote1 paragraphs

Madras High Court (K.Kumaresh Babu, J.) allowed Application A No. 2446 of 2025 in C.S.No.136 of 2022, a partition suit in which a preliminary decree had been passed on 11.10.2023. The applicant/defendant sought appointment of an Advocate Commissioner to divide the plaint A and B Schedule properties by metes and bounds and allot half share each to the applicant/defendant and respondent/plaintiff. With no objection from the respondent, the Court appointed Ms.R.Dhanalakshmi, Advocate as Advocate Commissioner to file a report on the nature of the Schedule properties, if necessary with Surveyor assistance, by 28.07.2025; fixed her initial remuneration at Rs.30,000/- excluding expenses, to be borne by the parties in equal proportion; directed the Registry to issue the warrant by 02.07.2025; and posted the matter to 28.07.2025.

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A NO. 2446 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-06-2025

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CORAM

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THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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A NO. 2446 of 2025

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in C.S.No.136 of 2022

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M.Kumaran

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S/o.Late Mariappan, New No.4, Old No.18, Nagadeeswaran Street, T.Nagar, Chennai - 17.

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Applicant(s) Vs

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M.Saravanan

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S/o.Late Mariappan, New NO.4, Old No.18, Jagadeeswaran Street, T.Nagar, Chennai 600 017.

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Respondent(s)

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For Applicant(s):

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M/s.V.Meenakshi Sundaram A.Selva Nambi

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For Respondent(s): Mr.A.Umashankar

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ORDER

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This Application had been filed to appoint an Advocate Commissioner for effecting division

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of the plaint A and B Schedule mentioned properties by metes and bounds and for allotting

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half share in the suit schedule mentioned properties to applicant/defendant and the respondent/plaintiff equally.

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Heard Mr.V.Meenakshi Sundaram the learned counsels appearing for the applicant and

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https://www.mhc.tn.gov.in/judis

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Mr.A.Umashankar learned counsel appearing for the respondent.

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Upon considering the facts and circumstances of the case and the submissions made by the learned counsel appearing for the applicant and no objection of the respondents and also that a preliminary decree had been passed on 11.10.2023, this Court is satisifed that the applicant has made out a case in his favour and accordingly, Ms.R.Dhanalakshmi, Advocate (Phone No.7358254455) residing at No.2/559, Jagannathan Street, Baliyah Garden, Madipakkam, Chennai – 600 091 is appointed as Advocate Commissioner, who shall file a report in respect of the Schedule mentioned properties, if necessary with the help of a Surveyor of the respective Departments and file her report as regards to the nature of the properties by 28.07.2025. The learned Advocate Commissioner would be entitled for an initial remuneration of sum of Rs.30,000/- excluding her expenses. The parties shall bear the remuneration of the learned Advocate Commissioner in equal proposition. The learned Advocate Commissioner is directed to file her report on or before 28.07.2025. Registry shall issue the warrant by 02.07.2025.

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Post the matter on 28.07.2025

24-06-2025

Gba (1/2)

https://www.mhc.tn.gov.in/judis

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