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Madras High CourtA/3642/2018closed

H.Shankar v. C.S.Devakumar

2021-02-19Honourable Mr Justice P. Rajamanickam2 pages

A.No.3642 of 2018 in C.S.No.302 of 2012 A.No.3642 of 2018 in C.S.No.302 of 2012 P. RAJAMANICKAM.,J.

This application has been filed by the plaintiffs under Order 26 Rules 13 and 14 of CPC to appoint an Advocate Commissioner to divide the suit property as per the preliminary decree by metes and bounds into three equal shares and allot two such shares to them.

2. This Court by the order dated 05.09.2018 has appointed Mr.Francis Cedric D'Cruz, Advocate as Commissioner to measure the suit property and divide the same as per the preliminary decree and file a report suggesting for partition. In pursuance of the said order, Commission Warrant was issued and the said Advocate Commissioner also visited the suit property on three occasions to ascertain the encroachments and take measurements. In the meanwhile, the parties have settled the matter and filed a joint compromise memo to pass a preliminary decree in terms of the said compromise. Accordingly, final decree has been passed in A.No.3641 https://www.mhc.tn.gov.in/judis/ 1/2

A.No.3642 of 2018 in C.S.No.302 of 2012 P. RAJAMANICKAM.,J.

Gv of 2018. Hence, this application is closed. The Advocate Commissioner is directed to return the Commission Warrant.

19.02.2021 (2/2) gv A.No.3642 of 2018 in C.S.No.302 of 2012 https://www.mhc.tn.gov.in/judis/ 2/2