R.Sivaganesa Velan and 2 Others v. R.Sundaravadivelan and 35 Others

ORDER This application is filed by the applicants / plaintiffs to appoint an Advocate Commissioner for finding out the feasibility for effectual division of the property by metes and bounds or for sale thereby ascertaining the quantum of rents payable by the tenants who are in occupation of the property as per the Preliminary Decree dated 07/11/2024 in the Final Decree proceedings.

¶2The learned counsel for the applicants / plaintiffs submitted that preliminary decree has been passed only in terms of the compromise entered into between the parties and the respondents may not have any objection to appoint the Advocate Commissioner to effect the division of properties by metes and bounds in terms of the compromise.

¶3The learned counsel for the respondents have no serious objection in allowing this application.

¶4Accordingly, this application is allowed and Ms.Aswetha.M, Advocate (Enroll.No.Ms.4102/2021) having Address at No.8/159, II Floor, Jaganathan Salai, SRP Colony, Periyar Nagar, Kolathur, Chennai – 600 082, is appointed as an Advocate Commissioner to find out the feasibility for effectual division of the property by metes and bounds or for sale thereby ascertaining the quantum of rents payable by the tenants who are in occupation of the property as per the Preliminary Decree dated 07/11/2024 in the Final Decree proceedings and file a report by three weeks.

¶5The remuneration of the Advocate Commissioner is fixed at Rs.30,000/- which shall be borne by the parties in accordance of their respective shares. 23-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn AeNo.e205eofe2026 R.N.MANJULAoJ. bkn AoNO.o205oOFo2026 inoCSoNO.o564oOFo2013 23-01-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-01-2026 CORAM THE HONOURABLE DR.JUSTICE R.N.MANJULA A NO. 205 OF 2026 and CS NO. 564 OF 2013 1. R.Sivaganesa Velan And 2 Others S/o.P.R.Rajaperumal Nadar, Old No.7, New No.9/33, First Street, Venkatespuram, Triplicane, Chennai 600 005. 2.R.Sivapandi S/o.P.R.Rajaperumal Nadar, No.3, H.B.R.Layout 4th Block, Kalyana Nagar, Bangalore 43. 3.R.Sivabalan S/o.P.R.Rajaperumal Nadar, Plaintiff(s) Vs 1. R.SUNDARAVADIVELAN and 35 others S/o.P.R.Rajaperumal Nadar, Old No.7, New No.9/33, First Street, Venkatesapuram, Triplicane, Chennai 600 005. 2.Jalanisha 2 to 36 are No.9/33, First Street, Venkatesapuram, Triplicane, Chennai 600 005. 3.Arunagiri 4.Venkatesan 5.Govindaraj 6.Padmavathy 7.Bakkiam 8.Sundaram (Shop) 9.Parveen Syed Kadar 10.Palani Kumar - Amutha 11.Ponnuvel Mudaliar 12.Shanwash 13.Dayalan 14.Gandhi - Pratab 15.Saraswathi Sundar 16.Salavudeen 17.Uma and Guna 18.Padmavathy 19.Sajmni Begum 20.Rahul Mhideen 21.Sharma Sait 22.Devendra Dev 23.Jindha (Briyani Bai) 24.Rafiq 25.Padmavathy 26.Ramesh Salt 27.Syed (Biryani Bai) 28.Basheer 29.Sundaram (Own Occupation) 30.Syed Kareem (Chicken Shop) 31.Akthar Bai (Tailor) 32.Jindha (Briyani Bai) 33.Palanivel 34.Surdudeen 35.K.Balaji 36.Sengoni Defendant(s) PRAYER: Application is filed to appoint an Advocate Commissioner for finding out the feasibility for effectual division of the property by metes and bounds or for sale thereby ascertaining the quantum of rents or othhi payable by the tenants who are in occupation of the property as per the Preliminary Decree dated 07/11/2024 in the Final Decree proceedings. For Applicant(s): M/s.R.Thiagarajan For Respondent: Mr.T.K.S.Gandhi