(1.) THIS revision is directed against the order passed by the District Munsif Court, Ponneri in I.A. No.728 of 2013 in I.A. No.1639 of 1999 in O.S. No.652 of 1994.
(2.) THE petitioner had instituted a suit in O.S. No.652 of 1994 against her brother Pandurangan, her sisters Mrs. Sarojini, Devaki Ammal and the purchasers of the suit property. The plaintiff claims 1/3rd share in the suit properties. The defendants 1 to 3 were set ex -parte. The first respondent herein who was arrayed as 4th defendant contested the suit. The trial court passed a preliminary decree on 16.03.1999 allotting 1/3rd share to the plaintiff. Thereupon, the plaintiff filed I.A. No.1639 of 1999 for passing a final decree.
(3.) IN the final decree proceedings, the 4th defendant was examined as RW1 and he marked Exs.R1 to R6. As regards items 5 to 7, there was no dispute between the parties. The trial court, after considering the contention of the 4th defendant, by order dated 06.10.2007, appointed an Advocate Commissioner to apportion 6.4 cents in items 3 or 4 based on factors such as proximity to items 1 and 2. The trial court has held that as far as divisions of items 1 to 4 into three equal shares and allotment of one share to the plaintiff, the division should be made that items 1 and 2 shall form one share and the commissioner shall carve out the deficit extent of 6.4 cents from items 3 and 4 proximity to items 1 and 2. As per the order passed by the trial court, the commissioner inspected the property and also filed his report with a sketch on 14.08.2008.