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2023 Supreme(Mad) 3389

R. MAHADEVAN, MOHAMMED SHAFFIQ
Selvi – Appellant
Versus
C. S. Geethalakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. S.Rajendra Kumar for Mr. Prashant Rajagopal
For the Respondents: Mr. K.Balamurali for M/s.Shivakumar & Suresh

JUDGMENT :

(Judgment of the Court was delivered by R.MAHADEVAN, J)

The Plaintiff in C.S. No. 240 of 2019 is the appellant in all these appeals. These appeals are filed as against the common order dated 22.10.2021 passed by the learned Judge in the original applications filed in the said suit.

2. The appellant/plaintiff has instituted the suit in C.S. No. 240 of 2019 for granting a preliminary decree of partition of the properties morefully set out in the plaint schedule.

3. In the suit, a preliminary decree for partition was passed on 19.06.2019 and final decree application was filed. Pending the final decree proceedings, five applications have been filed, which are the subject matters of these appeals.

4. Out of the five appeals, O.S.A. No. 20 of 2022 was filed as against the order dated 22.10.2021 passed in Application No. 2009 of 2020. This application was filed by the defendants 1 to 4 praying to issue a direction for sale of the Schedule A Property by public auction by appointing an advocate commissioner and directing the Advocate Commissioner to deposit the sale proceeds to the credit of C.S. No.240 of 2019 and on conclusion of sale to pass appropriate orders with regard to distri

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