KALIYANNAN Vs. SANGEETHA AND ORS.

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. This Civil Revision Petition is at the instance of the defendant in OS No. 9 of 2002 challenging an order dtd. 29/4/2017 made in IA No. 112 of 2016 directing the application to be forwarded to the Tahsildar for effecting a division of the property.

(2.) The suit in OS No. 9 of 2002 is filed for partition and separate possession of the 2/3rd share of the plaintiffs. The suit came to be decreed on 23/6/2011. The respondents herein filed an application in IA No. 112 of 2016 for passing a final decree under Order 26 Rule 13 of the Code of Civil Procedure by appointing an Advocate Commissioner. The same was resisted on various grounds.

(3.) The learned Subordinate Judge, Athur by order dtd. 29/4/2017 concluded that since the land is assessed to payment of revenue to the Government, the partition of the estate and separation of shares will have to be made by the Collector or a Gazetted Subordinate of the Collector deputed by the Collector, in this regard under Sec. 54 of the Code of Civil Procedure. She also referred to Order 20 Rule 18 (1) of the Code of Civil Procedure in support of her conclusion. Reliance was also placed on the judgment of the Hon ble Supreme Court in Shub Karan Bubna @ Shub Karan Prasad Bubna v. Sita Saran Bubna and Others, (2009) 8 MLJ 921 : LNIND 2009 SC 1711 : (2009) 9 SCC 689. Aggrieved by such reference made to the Tahsildar, the first respondent before the Trial Court has come with this Civil Revision Petition.