JUDGMENT :

(Prayer: Application filed under Order XIV Rule 8 of O.S.Rules read with Order XXVI Rule 9 of C.P.C. to pass an order to appoint an advocate commission to inspect the premises of the respondent/defendant viz., No.9, Gopalapuram 6th Street, Chennai - 600 086 and take inventory of the movables belonging to the applicants viz., furnitures, paintings, framed photographs, pictures, picture/photo albums along with all the puja room fittings, pictures and paintings of Sabrimala and "Swamy Ayyappa" among other deities, fixtures as well as all trophies and awards of late Mr.M.N.Nambiar and late Mr.M.N.Sukumaran Nambiar, take custody of the same and file a report before this Hon'ble Court in the above suit.)

1. The applicants herein are the plaintiffs and the respondent is the defendant in the suit.

2. The present application has been filed for appointment of Advocate Commission to take inventory in respect of certain movable items belonging to the applicants.

3. The brief facts which gave rise to the filing of the suit and the present application are stated hereunder.

(i) The suit has been filed by the applicants/plaintiffs for the following prayer:

To pass a judgment and decree,

(a) of mandatory injunction directing the defendant to forthwith return all the paintings, fixtures, framed photographs, pictures, picture/photo albums along with all the puja room fittings and fixtures as well as all trophies and awards of late Mr.M.N.Nambiar and late MR.Sukumar Nambiar which were situated in the house bearing address New door No.7 (Old No.4), 6th Street, Gopalapuram, Chennai to the plaintiffs;

b) Awarding exemplary costs and costs of the suit in favour of the plaintiffs and against the defendant.

(ii) The applicants herein are the grandsons of renowned Tamil film actor late Shri.M.N.Nambiar. The applicants' father Shri.M.N.Sukumar Nambiar was the first son of M.N.Nambiar. The respondent is the daughter of late Shri.M.N.Nambiar. Shri.M.N.Nambiar expired on 19.11.2008 and was survived by his wife-Smt.Rukmani Nambiar, Shri.Sukumar Nambiarapplicant's father, Shri Mohan Nambiar- second son and the respondent daughter. At the time when Shri.M.N.Nambiar died, he had left behind immovable properties measuring about 7 grounds and 1968 sq.ft of land in Gopalapuram, Chennai, with the house and building thereon, bearing address New Door No.7 (Old No.4), 6th Street, Gopalpuram, Chennai. After his death, a Deed of Partition was entered into on 06.04.2009. As per the Partition Deed, the applicant's father and grandmother, each acquired 4132.50 sq.ft of land and part of residential house, building and the land. The respondent herein and the other son, Mohan Nambiar were given a share in the partition measuring 4333 sq.ft and 4337 sq.ft. respectively of land situated behind the residential house. Thereafter, it appeared that the grand mother Shri.Rukmani Nambiar settled her share in the property on 19.10.2009 in favour her son Sukumar Nambiar, the applicants' father with the condition that she will be allowed to reside in the residential house during her lifetime. According to the applicants, their father is the absolute owner of 8265 sq.ft. of land along with the entire residential house.

(iii) On 08.01.2012, the applicants' father pre-deceased their grand mother and he had not left behind any Will. The applicants' parents marriage had also been dissolved by mutual consent before the death of their father and their mother had no interest or claim on their father's properties. The applicants' grandmother, in the meanwhile, had settled her 1/3rd portion of the property from Shri. Sukumar Nambiar's share, vide Settlement Deed dated 01.02.2012, on the applicants. In terms of Clause 2 of the Settlement Deed, the respondent was permitted to reside in the property for a period of only 2 years after the applicants' grandmother passes away. In view of the fact that at that point of time, the respondent was staying in the house and taking care of her mother.

(iv) By