Mr.Srinivasan Ramani And 5 Others v. M.S.K.Selvakumar And Another

A NO. 2460 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU A NO. 2460 of 2025 and O.A.No.540 of 2025 in CS NO. 117 OF 2025 Mr.Srinivasan Ramani and 5 others S/O.Mr.V.Ramani, Flat 1A, First Floor, Gee Gee Crystal Residency, No.2, Arundale 3rd Street, Kalakshetra Colony, Besant Nagar, Chennai-600090 and 5 Others Applicant(s) Vs M.S.K.Selvakumar and another S/o.Mr.C..Sellamuthu Pillai, 2/7, 4th Floor , Gee Gee Crystal Residency, Arundale Third Street, Kalakshetra Colony, Besant Nagar, Ch-90 and another Respondent(s) For Applicant(s): Mr.K.V.Babu For Respondent(s): Mr.P.Jagadeesan for RR1 & 2

ORDER

The present application has been filed to appoint an Advocate Commissioner to inspect the suit property, to note down the physical features and file a Report, pending disposal of the suit.

2.The learned counsels appearing on either side would dispute the nature of the construction which is the subject matter of the present application. To resolve the dispute, this Court is of the view that it would be appropriate to appoint an Advocate Commissioner to visit the suit schedule property and file a Report with regard to the disputed works undertaken only in the open terrace in the suit scheduled property.

3. In such view of the matter, this appoints Mr.V.Ashvath Neelakandan(MS. 3174/2024), Advocate, having office at No.39, Law Chambers, High Court Buildings, Chennai-600104 as Advocate Commissioner to visit the suit schedule property and file a Report with regard to the disputed works undertaken only in the open terrace in the suit scheduled property by 03.07.2025. The learned Advocate Commissioner is entitled to an initial remuneration of a sum of Rs.25,000/- excluding his expenses. The parties shall bear cost of remuneration to the learned Advocate Commissioner in equal proposition.

4. The Registry is directed to issue necessary warrant to the learned Advocate Commissioner by 27.06.2025.

List the matter on 03.07.2025.

24-06-2025 Gba To

1. M.S.K.Selvakumar and another S/o.Mr.C..Sellamuthu Pillai, 2/7, 4th Floor , Gee Gee Crystal Residency, Arundale Third Street, Kalakshetra Colony, Besant Nagar, Ch-90

2. M.Amsa W/O.Mr.M.S.K.Selvakumar, 2/7, 4th Floor,Gee Gee Crystal Residency, Arundale 3rd Street, Kalakshetra Colony, Besant Nagar, Chennai-600090