P BALAMANI PALANISAMY GOUNDER Vs. K VELLIANGIRI GOUNDER

JUDGEMENT

(1.) The submissions made by Mr.D.Krishnakumar, learned counsel for the appellant were heard. The first respondent is also represented by a counsel. Though four other persons have been shown to be the respondents 2 to 5, they are shown to be given up meaning that they have been removed from the array of parties. At the least the appellant is not making any claim against those persons.

(2.) The appellant (plaintiff) is the person who filed the suit for partition of suit properties into six equal shares and allotment of one such share to her. The first respondent is none other than the father of the appellant. The persons shown to be respondents 2 to 5 are brothers of the appellant. A preliminary decree was passed upholding her contention that she was entitled to a common 1/6th share in the suit property and directing division of the suit property into six equal shares and allotment of one such share to the appellant.

(3.) As against the preliminary decree, an appeal was filed by the father, namely the first respondent which came to be dismissed. Thereafter, the appellant (plaintiff) filed an application in I.A.No.40 of 2000 for passing a final decree in terms of the preliminary decree. The first respondent did not file a counter. An Advocate-Commissioner was appointed by the trial court to inspect and measure the property and suggest the ways and means of division in accordance with the preliminary decree. The Advocate-Commissioner, with the help of the surveyor, measured the property and submitted a report along with a plan marked as Exs.C1 and C2 respectively. None of the defendants filed any objection for the suggestion made by the Advocate-Commissioner regarding the mode of division. The appellant (plaintiff) filed an objection praying that the portion marked as 'F' in Ex.C2-plan should be allotted to the appellant (plaintiff).