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Madras High CourtA/734/2026allowed

Devarakonda Madhav Kishore And 3 Others v. Sucharita And 3 Others

2026-02-13Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL IN CS NO. 30 OF 2026

1. Devarakonda Madhav Kishore and 3 others S/o.Satyanarayanamurthy, 340, Amarajyothi Layout, Domlur, Bengaluru-560071

2. Sarat Chandra S/o.Devarakonda Madhav Kishore, 7350 La Mesita Place Unit 3 La Mesa CA 91942 USA.

Rep by his Power Agent Devarakonda Madhav Kishore, 340, Amarajyothi Layout Domlur Bengaluru-560071

3. Savin Chandra S/o.Devarakonda Madhav Kishore, Rep by his Power Agent Devarakonda Madhav Kishore, 340, Amarajyothi Layout Domlur Bengaluru-560071

4. Sarin Chandra S/o.Devarakonda Madhav Kishore, Rep by his Power Agent Devarakonda Madhav Kishore, 340, Amarajyothi Layout Domlur Bengaluru-560071 (Both 3rd and 4th Plaintiff as well as their POA are residing at same address) ..Applicant(s) Vs

1. Sucharita and 3 others D/o.Late.B.S.Seetharam, Old.No.17, New.No.6, Sriram Nagar, South Street, Alwarpet, Chennai-600018

2. Nalina D/o.Late.B.S.Seetharam, Old.No.17, New.No.6, Sriram Nagar, South Street, Alwarpet, Chennai-600018

3. Ravichandrika D/o.Late.B.S.Seetharam, Old.No.17, New.No.6, Sriram Nagar, South Street, Alwarpet, Chennai-600018

4. B.Surendran S/o.Late.B.S.Seetharam, Old.No.17, New.No.6, Sriram Nagar, South Street, Alwarpet, Chennai-600018 ..Respondent(s) PRAYER: This application has been filed under Order XIV Rule 8 of the Original Side Rules read with Order XXVI Rule 9 of the Civil Procedure Code praying to appoint an Advocate Commissioner to inspect the suit schedule property and submit a report regarding the present physical features, extent, superstructure and condition of the building. For Applicant(s):

M/s.S. Rajasekar

ORDER

This application has been filed by the applicant to appoint an Advocate Commissioner to note down the physical features of the building.

2. According to the applicant, he is the Plaintiff in the main Suit filed for partition and separate possession. During the pendency of the Suit, the respondents are making attempts to alienate the property and also to alter the structure of the property and therefore, he has filed this application to appoint an Advocate Commissioner to note down the physical features of the property and prayed to allow this application.

3. Heard the applicant's side.

4. Considering the above said reasons and facts and circumstances of the case, it is appropriate to appoint an Advocate Commissioner to note down the physical features of the Suit property.

5. Accordingly, this application is allowed. Mr. ROSHAN ATIQ. M., Advocate, Ph. No.98848 66988 is appointed as a Commissioner to note down the physical features of the Suit property and to file report. The remuneration of the Advocate Commissioner is fixed at Rs.25,000/- (Rupees Twenty-Five Thousand only) and the said amount shall be paid directly to the Commissioner.

6. For filing report and plan, post the matter on 23.03.2026. 13-02-2026 [2/2] Index: Yes/No Speaking/Non-speaking order MJS

P.DHANABAL, J.

MJS IN CS NO. 30 OF 2026 13-02-2026 [2/2]