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Madras High CourtCRP/2793/2015dismissed

Veerappa Gounder v. D.Saveetha

2021-02-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN C.R.P.(NPD) No. 2793 of 2015 and M.P.No.1 of 2015 1.Veerappa Gounder 2.Chandirasekar ... Petitioners Vs.

1.D.Saveetha 2.Angayammal 3.Saraswathi ... Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and final order dated 04.03.2015 in I.A.No.589 of 2013 in O.S.No.180 of 2010 on the file of II Additional Sub Court, Erode, and allow the Civil Revision Petition.

For Petitioners : Mr. S.Kaithamalai Kumaran For Respondents : M/s.Sathya for M/s.Zeenath Begum for R1 Mr.K.A,Ravindran for R2 & R3

ORDER

The Civil Revision Petition is arising out of the fair and final order dated 04.03.2015 made in I.A.No.589 of 2013 in O.S.No.180 of 2010 on the file of the II Additional Sub Court, Erode, thereby allowing the petition for

appointment of an Advocate Commissioner to effect partition on the strength of the preliminary decree of the suit.

2.

The petitioners are the defendants. The suit was filed by the first respondent for partition. The said suit was allowed by Judgment and Decree dated 23.02.2012 in O.S.No.180 of 2010. The first respondent filed a final decree application to effect partition and the Court below appointed an Advocate Commissioner to divide the suit property with the help of the Surveyor. Aggrieved by the same, the petitioners preferred this Civil Revision Petition before this Court.

3.

In view of the above, this Court finds no infirmity or illegality in the orders passed by the Court below. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. Consequently connected miscellaneous petition is closed.

23.02.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order lpp

To

1. The II Additional Sub Court, Erode.

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

lpp C.R.P.(NPD) No. 2793 of 2015 and M.P.No.1 of 2015 23.02.2021