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2023 Supreme(Mad) 1201

S. M. SUBRAMANIAM
Prema – Appellant
Versus
Krishnaveni – Respondent


Advocates appeared:
For the Appellant:S. Suseela Devi, Advocate. For the Respondents:R1 & R2, V.V. Sathya, Advocate, R3 to R5, No appearance.

JUDGMENT

(Prayer: Appeal filed under Section 96 of C.P.C., praying to set aside the Judgment and final Decree dated 19.11.2018 passed in I.A.No.194 of 2017 in O.S.No.27 of 2014 on the file of the District and Sessions Court, Thiruvarur.)

1. The Appeal Suit has been filed to set aside the Judgment and final Decree dated 19.11.2018 passed in I.A.No.194 of 2017 in O.S.No.27 of 2014 on the file of the District and Sessions Court, Thiruvarur.

2. The appellant is the first defendant in the suit and the respondents 1 and 2 herein are plaintiffs, instituted a suit for Partition.

3. The preliminary decree was passed, which became final and the rights of the parties are crystallized. Final decree proceedings were initiated through Interlocutory Application filed in I.A.No.194 of 2017 and the trial Court appointed an Advocate Commissioner to divide the property. Pursuant to the orders, the Advocate Commissioner visited the land, conducted survey and divided the land by metes and bounds. Based on the report of the Advocate Commissioner, final decree was passed by the trial Court in I.A.No.194 of 2017 dated 19.11.2018.

4. The learned counsel for the appellant mainly contended that the Advocate Commi

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