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Madras High CourtA/1846/2026allowed

Vikram Singh v. Harisingh N.Chhabria And Another

2026-06-08Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.06.2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE IN CS NO. 1242 OF 1992 Vikram singh No.43, Sembudoss Street, Chennai 600 001.

..Applicant(s) Vs

1. Harisingh N.Chhabria No.17, Balfour Road, 2nd Floor, Flat No.2/2, Kilpauk, Chennai 600 010.

2. Anitha P.C.

No.43, Sembudoss Street, Chennai 600 001.

..Respondent(s) Prayer : Application filed under Order XIV Rule 8 of O.S. Rules read with Section 151 of CPC to direct the Learned Judge Commissioner to Disburse the sale considerations received for item 3 of Schedule A Property and Item 2 of Schedule B Property, as per the Report of the Judge Commissioner dated 19/12/2025.

For Applicant(s):

Mr.R.Parthasarathy Senior Counsel For Mr.Rahul Balaji For Respondent(s):

Mr.R.S.Ranganathan - R1 Mr.K.Chandrasekaran - R2

ORDER

This application has been filed by the applicant / 3rd defendant seeking a direction to the learned Judge Commissioner to disburse the sale consideration received in respect of Item 3 of Schedule A property and Item 2 of Schedule B property, as per the reports of the learned Judge Commissioner dated 19.12.2025.

2. The suit was decreed in terms of the compromise entered into between the plaintiff and defendants 1 to 3. Pursuant to the orders passed in the suit, the learned Judge Commissioner has sold Item 3 of Schedule A property / Wall Tax Road property and Item 2 of Schedule B property / Anna Salai property, and has filed reports dated 19.12.2025 setting out the sale consideration received and the amounts payable to the respective parties.

3. The learned Judge Commissioner has also stated that the parties / concerned defendants have filed memos agreeing to receive the amounts mentioned in the reports towards full and final settlement of their shares in respect of the above two properties.

4. All the parties have been represented by their respective counsel and had given consent for disbursement of sale consideration in accordance with the learned Judge Advocate Commissioner's report. It is further submitted that since some of the respondents are out of Chennai, their cheques or demand drafts may be sent to them by speed post or by courier and all the parties are agreeable for the same.

5. In view of the compromise decree, the completion of sale, and the reports filed by the learned Judge Commissioner, this Court is inclined to allow the application.

6. The learned Judge Commissioner is directed to disburse the sale proceeds received in respect of Item 3 of Schedule A property and Item 2 of Schedule B property to the respective parties strictly in terms of his reports dated 19.12.2025, after verifying identity, bank particulars and obtaining proper receipts. At request of the parties and learned counsels, the learned Judge Commissioner may despatch the cheque through the postal service.

7. Accordingly, A.No.1846 of 2026 is allowed. No costs. 08.06.2026

Index: Yes/No Speaking/Non-speaking order vrc

DR.A.D.MARIA CLETE, J.

vrc IN CS NO. 1242 OF 1992 08.06.2026