ORDER

This Civil Revision Petition is filed seeking a direction to dispose of the IA.No. 203 of 2018 in O.S.No. 5224 of 2013 pending on the file of the XIX Additional City Civil Court, Chennai.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. On a perusal of the records, it is seen that the first respondent/plaintiff has filed the suit in O.S.No. 5224 of 2013 before the XIX Additional City Civil Court, Chennai, for preliminary decree to divide and allotment of plaintiff's 1/3rd share i.e., 33% of schedule mentioned property by metes and bounds in the suit schedule property taking into consideration of good and bad soil and for convenience of enjoyment and for permanent injunction restraining the defendants from in any manner alienating encumbering or dealing with the schedule mentioned property. The defendants have contested the suit by filing written statement denying all the averments made in the plaint. After perusing the records, the trial Court decreed the suit by judgment and decree dated 05.07.2016. Subsequently, the revision petitioner/2nd defendant has filed I.A.No. 203 of 2018 under Order 20 Rule 18 of CPC seeking to pass a final decree in the suit in O.S.No. 5224 of 2013 for alloting 2/3rd share in the suit property and deliver to the 2nd defendant, the separate possession of the 2/3rd share and permit her to occupy and enjoy the same. In the application, counter affidavit filed by the 1st respondent/plaintiff and the same is pending. Furthermore, the revision petitioner/2nd defendant has filed I.A.No. 204 of 2018 under Order 26 Rules 13 and 14 of CPC, seeking for appointment of Advocate Commissioner in the suit to divide the suit property by metes and bounds into three equal shares and to allot 2/3rd share to the petitioner/2nd defendant. In the appliction, the report of the Advocate Commissioner has already been filed by him as well as objection filed by the 1st respondent/plaintiff for the report filed by the Advocate Commissioner. Hence, the application in I.A.No. 203 of 2023 is pending for final decree proceedings without any progress. Therefore, the petitioner has come forward with the present Civil Revision Petition.

4. Taking into the above facts and circumstances of the case as well as the submissions made by the learned counsel for the petitioner, this Court is inclined to pass the following order:-

“The trial Court is directed to appoint a structural Engineer who will be in a position to make a division of the property in question based on the Advocate Commissioner's Report and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, the Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

There shall be no order as to costs.

26.09.2023 Speaking order: Yes/No Neutral Citation : Yes/No Index : Yes/No msm To

1. The XIX Additional City Civil Court, Chennai.

2. The Section Officer, V.R.Section, High Court, Madras.

V.BHAVANI SUBBAROYAN, J.

msm

26.09.2023