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Madras High CourtA/4345/2022allowed

Jayanthi And 2 Others v. S.Somalingam And Another

2022-09-29Honourable Mr Justice G. Chandrasekharan3 pages

A.Nos.4345 & 4346 of 2022 in C.S.No.742 of 2011 G. CHANDRASEKHARAN, J.

Application No.4345 of 2022 is filed to appoint Advocate Commissioner to divide the suit schedule property by metes and bounds as per preliminary decree dated 05.02.2021 in C.S.No.742 of 2011 and allot 1/3 share to the applicants. Application No.4346 of 2021 is filed to pass final decree in terms of preliminary decree.

2.

Mr.P.Chandrasekaran is on record for respondents 1 and 2 and he has no objection for appointing Advocate Commissioner. 3.

Appointment of an Advocate Commissioner is necessary to suggest the mode of division of the suit property. Therefore, Mr.S.Shivram, Enrollment No.MS.482/2017, Sri Nivas, Plot No.3, Vallalar 1st Street, Alagappa Nagar, Zamin Pallavaram, Chennai-117, Mobile No:7305235107 is appointed as Advocate Commissioner to inspect the suit property after giving notice to both the parties. He is required to take the assistance of a qualified engineer at the time of his inspection for measuring the property and to suggest mode of division as per the preliminary decree. He is directed to file his report along with plan. His fee is fixed at Rs.50,000/- and the 1/3

fee has to be paid by both the parties at 50% each. Advocate Commissioner's report to be submitted by first week of November 2022.

4.

Accordingly, A.No.4345 of 2022 is allowed.

29.09.2022 AT Note: Issue copy on 20.10.2022 2/3

G. CHANDRASEKHARAN, J.

AT 29.09.2022 3/3