E. Bharathkumar And Another v. E. Uma.,

A.Nos.2351 & 2352 of 2024 in C.S.No.476 of 2018 RMT.TEEKAA RAMAN, J.

Application No.2351 of 2024 is filed to appoint an Advocate Commissioner to inspect and measure the 'A' and 'B' schedule mentioned properties with the help of government surveyor by dividing A and B schedule mentioned properties into three equal shares and allot 2/3rd share to applicants/plaintiffs and 1/3rd share to the respondent/defendant in the suit.

2. Application No.2352 of 2024 is filed to pass a final decree in terms of the preliminary decree based upon the Advocate Commissioner's report.

3. The suit is filed by the plaintiffs seeking partition of 2/3rd share in the suit scheduled properties. The defendant filed written statement. Issues were framed, evidence were let in. At the time of argument, the learned counsel appearing for the defendant reported no instruction. Accordingly, the defendant was set exparte.

4. After hearing the learned counsel for the applicants and after perusing the documents, the suit was decree as prayed for and preliminary decree was passed. Consequently, Application No.2351 of 2024 is allowed. Mr.M.Palanimuthu, Advocate, 95, Additional Law Chambers, High Court Buildings, Chennai - 600 104, Mob.No.94441 53685 / 99403 31356 is appointed as the Advocate Commissioner to inspect and measure the 'A' and 'B' schedule mentioned properties with the help of government surveyor by dividing A and B schedule mentioned properties into three equal shares. The 1/3

Advocate Commissioner shall inspect the suit property after giving notice to the learned counsel for the applicant and in the presence of the learned counsel for the applicant or his nominee. The learned Advocate Commissioner is also required to file a report and the rough sketch alongwith photographs of the suit schedule property, on or before 27.09.2024.

5. The initial remuneration of the learned Advocate Commissioner is fixed as Rs.20,000/- to be borne by the applicants / plaintiffs.

6. Application No.2352 of 2024 is kept pending for receipt of Advocate Commissioner's report, as directed in A.No.2351 of 2024.

7. Post the matter on 30.09.2024.

09.09.2024 rgr 2/3

RMT.TEEKAA RAMAN, J.

rgr A.Nos.2351 & 2352 of 2024 in C.S.No.476 of 2018 09.09.2024 3/3