Venkata Narayanan v. R.Palani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE C.V.KARTHIKEYAN in C.S. No. 872 of 2015 Venkata Narayanan ... Applicant -vs1. R.Palani

2. A.Sankara Subramanian

3. A.Shanmuga Sundaram @ D.A.Shanmugam

4. B.Umadevi

5. A.Padmini

6. R.Thiruvengadam

7. R.Raghavan

8. Revathy

...Respondents

Prayer: This application has been filed under Order XIV Rule 8 of the Original Side Rules read with Order XXXIV Rule 5(3) of CPC, praying to pass a final decree in C.S. No.872 of 2015 pursuant to the appeal decree of this Court dated 25.10.2024 in O.S.A. No. 98 of 2024 by dividing the schedule mentioned property by metes and bounds with possession.

For applicant : Mr.B.Thiyagarajan For respondents: Mr.P.Valliappan, Senior Counsel For M/s.S.M.S.Shriram Narayanan (D6 to D8) For Advocate Commissioner: Mr.K.Annama-No appearance

O R D E R

The Advocate Commissioner is not present today. The Advocate Commissioner has forwarded a report along with a sketch giving a proposal by which the property could be divided into three separate parts and allotting one share to the plaintiffs another share to the 1st defendant and yet another share to the 6th to 8th defendants.

2. A representation is made on behalf of the 1st defendant that questioning the preliminary decree, the 1st defendant has also filed an Original Side Appeal, but the said Appeal has not yet been numbered. Independent of this, the 6th to 8th defendants have also filed an Appeal and in that appeal, the preliminary decree had been re-drawn granting an undivided 1/3rd share each to the plaintiff, to the 1st defendant and to the 6th to 8th defendants.

3. The learned Advocate Commissioner had inspected the property and had given a report proposing a method of division of the said properties. The report of the learned Advocate Commissioner is taken on record.

4. A final decree is passed holding that the plaintiff is entitled to an undivided 1/3rd share in the suit schedule property, the 1st defendant is entitled to an another undivided 1/3rd share in the suit schedule property and the 6th to 8th defendants are together entitled to an undivided 1/3rd share in the suit schedule property as stipulated in the report of the Advocate Commissioner.

5. The report together with the sketch shall form part of the decree.

6. This application stands allowed.

25.06.2025 Maya

C.V.KARTHIKEYAN, J.

Maya in C.S. No. 872 of 2015 Dated : 25.06.2025