R. SUBBE GOWDER Vs. MARAKKAL

JUDGEMENT

(1.) THE Civil Revision Petition is filed against the fair and decreetal order dated 27.11.2013 made in I.A.No.1051 of 2013 in O.S.No.744 of 2011 on the file of the Principal Sub -Court, Coimbatore.

(2.) THE respondents herein as the plaintiffs filed a suit in O.S.No.744 of 2011 for partition and separate possession of 4/5 shares in the suit property. The defendant filed the written statement and contested the suit. During examination of witnesses, the defendant has come forward with the application in I.A.No.1051 of 2013 for appointment of Advocate Commissioner under Order 26 Rule 9 of C.P.C. to ascertain the correct market value of the property. The trial Court, after hearing both sides, dismissed the application, against which, the present revision petition is preferred by the defendant.

(3.) RESISTING the same, learned counsel for the respondents submitted that the suit has been filed by the sisters against their brother namely, Subbe Gowder, for partition and separate possession of their 4/5th shares in the suit property. The revision petitioner also filed another suit for declaration of title and injunction in O.S.No.578 of 2009. Thereafter, the defendant filed another application in I.A.No.666 of 2013 under Section 12 of Tamil Nadu Court Fees and Suits Valuation Act, to ascertain the market value of the property and that has been dismissed. Against which, the revision petitioner/defendant preferred a revision petition in C.R.P.(PD) No.3114 of 2013 and that has also been dismissed by this Court with a direction to dispose of the suit within three months from the date of receipt of a copy of that order. It is further submitted that after examination of the witnesses and the suit is posted for defendant's side witness, the defendant has come forward with the present application in I.A.No.1051 of 2013 for appointment of Commissioner to ascertain the market value of the suit property. It shows that the defendant with malafide intention to delay for giving shares to his sisters, has come forward with the application. Therefore, he prayed for dismissal of the revision petition.