T.K.VENKATESAN Vs. T.K.SRINIVASAN

JUDGEMENT

(1.) CIVIL Revision Petition No.3468 of 2008 is filed against E.P.No.18 of 2001 in I.A.No.588 of 1997 in O.S.No.485 of 1976 on the file of Sub Court, Sankari. Civil Revision Petition No.3469 of 2008 is filed against E.A.No.85 of 2006 in E.P.No.18 of 2001 in O.S.No.485 of 1976 on the file of Sub Court, Sankari. The parties in both these Civil Revision Petitions are one and the same.

(2.) THE petitioner in both these Civil Revision Petitions is the defendant in the suit for partition. The trial court passed a preliminary decree for partition on 17.06.1978. Thereafter, in I.A.No.588 of 1997, final decree also came to be passed on 23.08.1998. E.P.No.18 of 2001 was filed for execution of the final decree. At that stage, an Advocate Commissioner was appointed and he also filed Plan 'C', wherein, he has indicated the Blue marked portion to be allotted to the plaintiff and yellow marked portion to be allotted to the defendant. Thereafter an order came to be passed in E.P.No.18 of 2001 on 11.12.2002.

(3.) CONSEQUENTLY , the Commissioner inspected the property and measured the same and filed a report on 20.10.2005. In the said report, he has observed at paragraph No.4 that the area of yellow marked portion is shortened by 9 cents and the respondent viz., the petitioner herein objected and refused to hand-over possession. The learned Commissioner also pointed out that the petitioner's counsel already gave a memo dated