Lawrance Gomes v. Mrs. Millicent Therasa Towers
C.S.No.50 of 2022 C.V.KARTHIKEYAN, J List the matter on 04.06.2024, on which date, if it is convenient, the parties may come over to this Court or the date on which they should come, may be then decided by the Court.
2. The learned Advocate Commissioner had discharged his warrant by filing a report and the Court expresses its deep satisfaction and appreciation to the learned Advocate Commissioner.
3. A sketch had been presented as part of the report dividing the property into 'A' and 'B' portions. One of the portion would be alloted to the defendant and other to the plaintiffs. It is stated that the existing building is in a dilapidated stage being 75 years old and necessarily will have to be demolished and both the plaintiffs on the one hand and the defendant on the other hand will have to put up independent and separate constructions. It would only be appropriate that these terms of the nature of the decree passed is explained in person to the plaintiffs and the defendant, since they have been litigating for the past two years. It would only be appropriate that 1/4
it is explained to them about the nature of the decree which they have finally obtained as a result of such litigation.
4. A memo has been filed by the learned Advocate Commissioner seeking additional remuneration.
5. It is seen from the records that the Advocate Commissioner was paid an initial remuneration of Rs.40,000/- which had been borne entirely by the plaintiffs. It is only appropriate that the defendant pays an equal amount of Rs.40,000/- directly to the Advocate Commissioner.
6. There is also a letter forwarded by the learned Advocate Commissioner from a consulting engineer who had fixed his charges at Rs.25,000/-.
7. Let that amount be divided between the plaintiffs and the defendant and the total amount may be settled at Rs.20,000/- which would indicate that both the plaintiffs on the one hand and the defendant on the other hand must pay a sum of Rs.10,000/- each either directly to the Advocate Commissioner or directly to the said engineer, A.Sivakumar. 2/4
8. List the matter on 04.06.2024. The payment to be reported by 04.06.2024.
29.04.2024 vkr 3/4
C.V.KARTHIKEYAN, J vkr C.S.No.50 of 2022 29.04.2024 4/4