J.SANKAR PARAMESWARAN Vs. CHITRA DEVI

JUDGEMENT

(1.) In a suit for partition filed by the sister, Chitra Devi, against her brother, Sankar Parameswaran, a preliminary decree was passed by the Trial Court on 24/1/2017. Thereafter, the plaintiff filed applications under Order XX Rule 12 and Order XXVI Rule 13 of the Civil Procedure Code seeking division of the suit schedule property in accordance with the preliminary decree and for appointment of an Advocate Commissioner to demarcate and effect partition of the property.

(2.) The Court below, based on the Commissioner's report and other materials on record, passed the final decree as follows:

(3.) The present appeal has been filed by the defendant alleging that the Advocate Commissioner"s report is unclear regarding the mode of division of the landed properties. It is contended that the land has been divided in such a manner that the portion allotted to the plaintiff is in close proximity to the highway, whereas the portion allotted to the defendant is away from the highway and of inferior quality.