K.JAYA Vs. PADMA

JUDGEMENT

(1.) CRP.No.1633 of 2020 has been filed by the respondent/defendant against the order passed by the Principal District Judge, Namakkal, in I.A.No.3 of 2019 in O.S.No.25 of 2009 dtd. 15/6/2020.

(2.) The respondent in CRP.No.1633 of 2020 and the petitioner in CRP.No.2035 of 2020 had filed a suit in O.S.No.25 of 2009 on the file of the Principal District Judge, Namakkal, for partition of the suit properties into two equal shares and allot one such share to her and other reliefs. The learned Principal District Judge, by the judgment dtd. 20.03.2019 had passed a preliminary decree declaring that the petitioner/plaintiff is entitled to V2 share in the suit properties and also granted permanent injunction restraining the respondent/defendant from proceeding with the registration of settlement deed dtd. 10.10.2008.

(3.) After passing of the said preliminary decree, the plaintiff had filed an application in I.A.No.3 of 2019 in O.S.No.25 of 2009 on the file of the Principal District Judge, Namakkal, to appoint an Advocate Commissioner to divide the suit properties as per the preliminary decree and pass a final decree. The defendant had filed a counter opposing the said application on the ground that as per Sec. 54 of CPC and also under Order 20 Rule 18 of CPC, only the Collector has to divide the property in respect of the agricultural lands and hence the said application is not maintainable before the civil court.