Mrs.P.Janagi v. Egambaram

K.KALYANASUNDARAM., J The applicants are the plaintiffs in the suit. The suit is filed for partition and separate possession of 1/7th share to each plaintiff, in the suit property.

2. It appears that even during the preliminary decree proceedings, the respondents did not appear. The applicants and respondents are brothers and sisters. Accordingly, after recording evidence, the suit was decreed by passing a preliminary decree on 29.02.2016, declaring the plaintiffs' entitlement of 1/7th share to each of them in the suit property more fully set out in the schedule. Thereafter, the present application has been filed seeking to appoint the Advocate Commissioner and to pass a final decree.

3. Learned counsel for the applicants submits that despite service of notice, the respondents are not willing to co-operate and as per the preliminary decree, the applicants/plaintiffs are entitled to 1/7th share to each of them in the suit property, and therefore, an Advocate 1 / 3

Commissioner will have to be appointed to find out the possibility of division of suit schedule property.

4. In the light of the above facts, Mr.T.Sathyaseelan, Advocate, No.112, Bharathiyar Street, Devar Nagar, Padi, Chennai - 50 [Mobile No.9842960647], is appointed as Advocate Commissioner to find out the possibility of division of suit schedule property more fully set out in the schedule and directed to file a report on or before 15.11.2019. The initial remuneration of the Advocate Commissioner is fixed at Rs.25,000/- (Rupees Twenty Five Thousand), which shall be payable by the applicants forthwith.

5. Post the matter on 18.11.2019.

31.10.2019 r n s Note: Issue warrant on 01.11.2019 2 / 3

K.KALYANASUNDARAM., J r n s 31.10.2019 3 / 3