VIJAYALAKSHMI Vs. R PASUPATHY

JUDGEMENT

(1.) THIS revision is directed against the order of the First Assistant Sessions Judge, City Civil Court, Chennai, made in I. A. No. 22236/1997 in O. S. No. 5270/1983, accepting the Commissioner's Report and ordering the suit property to be sold in Public Auction. Defendants 2 to 4 are the Revision Petitioners.

(2.) THE Plaintiffs and the Defendants 1, 3 to 5 are the sons and daughters of late Ramachandran and the second Defendant/rukmani Ammal (since deceased ). Suit property is a joint family property at Door No. 3, Lawyer Chinnathambi Street, I Lane, Old Washermanpet, Madras-4. Plaintiff's father Ramachandran died intestate on 28. 4. 1961 leaving behind him the Plaintiff and the Defendants 1, 3 to 5 and his wife D-2 as his legal heirs. Plaintiff filed O. S. No. 5270/1983 claiming his 6/15th share in 'a' schedule property and directing the Plaintiff and the Defendants 1, 3 to 5, proportionately to pay the liabilities mentioned in the 'b' Schedule.

(3.) PRELIMINARY Decree for partition was passed on 29. 10. 1996, ordering that the suit property is to be divided into five equal shares and to allot two equal shares to the Plaintiff. The Plaintiff has filed I. A. No. 22236/1997 to appoint an Advocate Commissioner to divide the property in terms of the Preliminary Decree by appointing an Advocate Commissioner. The Commissioner has inspected the suit property and filed his Report stating that the suit property is indivisible. On such report, the First Assistant Judge passed the impugned order accepting the Commissioner's Report on the only ground that the Petitioner/plaintiff is not agreeable for any settlement. The impugned order dated 15. 7. 2003 reads :