IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Kumaresh Babu, J
P.S.M.T.Hameed Nazrutheen – Appellant
Versus
P.S.M.T.Syed Abdul Rahman – Respondent
| Table of Content |
|---|
| 1. procedure for property partition. (Para 1 , 2 , 3) |
| 2. arguments for property division methods. (Para 4 , 5 , 6) |
| 3. consideration of evidence for partition. (Para 10 , 12 , 13) |
ORDER
This Application had been filed to appoint an Advocate Commissioner to divide item No.1,2,3,5 and 7 in C.S.No.142 of 2019 into two equal shares as per the preliminary decree passed by this Court in A.No.2674 of 2020 dated
14.12.2020 and allot one share each to the applicant/plaintiff.
2) Heard Mr.Avinash Wadhwani, learned counsel appearing for the Applicants and Ms.Srividhya Aravindan, learned counsel appearing on behalf of the respondents 1, 2 and 4.
3) Mr.Avinash Wadhwani, learned counsel for the applicant would submit that the learned Advocate Commissioner with regard to Item Nos.1 & 2 of the suit scheduled property, which has been used to construct a shopping complex in the name of Kanchi Plaza had proposed both vertical and horizontal division. He would submit that horizontal division of the suit property would only create further disputes between the parties and therefore, it would be only appropriate to vertically divide the suit properties. In that context, he would submit that consi
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