AYYADURAI Vs. DEVAKI SANTHA (DIED)

JUDGEMENT

(1.) The Petitioners are defendants 11 and 12 in the suit in O.S.No.478 of 1998 dated 03.09.2014 on the file of the learned 1st Additional District Munsif Court, Tirunelveli filed by the respondents 1 to 5 herein for partition and separate possession of their share 1/3rd share in the suit property. The Suit was decreed preliminary decree was passed, pursuant to the same an application I.A.No.575 of 2006 was filed by the respondents 1 to 5 for passing the final decree and an advocate commissioner was appointed. The Commissioner after giving notice to the parties inspected the property and filed his report and suggestion for allocation of share of plaintiffs. The Petitioners have filed their objection to the Commissioner's report and subsequently they filed a petition I.A.No.340 of 2013 for passing supplementary preliminary decree of their 1/3rd share and the same was allowed and additional preliminary decree also passed.

(2.) Thereafter, they filed the petition in I.A.No.131 of 2014 to scrap the report of Advocate Commissioner and re-issue the warrant stating that the report has been filed on the basis of guideline value and there was no suggestion for allotment of their share. The same was opposed by the respondents and the Trial Court dismissed the petition with a finding that the report of Advocate Commissioner is in detail and the same has been prepared on the basis of guideline value and thus allotment can be made with that report itself, thus there is no necessity to scrap the report and re- issue the warrant. The said order is challenged in this revision.

(3.) I heard Mr.M.Thirunavukkarasu, learned counsel for the counsel for petitioners and Mr.M.P.Senthil, learned counsel for the respondents 2 and 3 and perused the entire materials available on reccords. No representation on behalf of the respondents 1, 4 and 5.