A.No.3754 of 2023 in C.S No.204 of 1999 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 28.03.2024 PRONOUNCED ON : 06.09.2024 CORAM: THE HON`BLE MR.JUSTICE A.A.NAKKIRAN A. No. 3754 of 2023 in C.S. No. 204 of 1999 M. Dhamodharan ... Applicant/7th Plaintiff Vs. Tmt. Kantha (Since deceased) 1.Devi, 2.E. Soundari, 3.Jansirani, 4.J. Deepavahini 5.J. Mithra, 6.Shenbagaraja 7.Selvaraj, 8.Erulangudi Nadar, 9.T.Sambandan, 10. Shanthakumar 11. Mani, 12. Karuppaiah, 13. Malleeswari 14. P. Hemanth Kumar, 15. P. Rajesh Kumar, 16. C. Manimegalai @ Amudhavalli, 17. S. Sundari, 18. S. Parimurugan, 1/4 https://www.mhc.tn.gov.in/judis A.No.3754 of 2023 in C.S No.204 of 1999 19. S. Valluvan, 20. T. Latchgam, 21. T. Ganesha ...Respondents/Defendants 1 to 18 Prayer: Application under Order XIV Rule 8 of the High Court Original Side r/w Order XX Rule 18 r/w Section1 51 of CPC, praying to pass a final decree in the above suit C.S. No.204 of 1999 allotting 3/18th share the Plaintiffs 1 to 3 and 3/18th share jointly to the Plaintiffs 4 to 6 in the properties more fully set out in the schedule hereunder and Directing the Defendants 1 and 2 to tender true and proper accounts for the past income of Rs.10,000/- derived from the suit properties and pay proportionate shares to the Plaintiffs. And Directing the defendants 1 and 2 to pay proportionately to the Plaintiffs future mesne profits at the rate of Rs.1000/- per month from the date of Plaint till physical delivery of their respective shares in the suit properties in pursuance of the Decree and Judgement passed by this Hon'ble Court on 30/04/2014 and pass orders accordingly. For Applicant/7th Plaintiff : Mr. S.Vasanthi For Respondents/Plaintiff 1 -6: M/s.K. Kavitha ********* O R D E R Pursuant to the preliminary judgment passed by this Court dated 30.04.2014, this application has been filed by the applicant/7th plaintiff to pass a final decree after considering the prayer therein. 2/4 https://www.mhc.tn.gov.in/judis A.No.3754 of 2023 in C.S No.204 of 1999 2.After hearing both sides, this Court, by an order dated 27.07.2023, appointed one Ms. R.Gandhimadhi, Advocate, as Advocate Commissioner to inspect and measure the suit schedule property allotting respective shares to the parties. In pursuance of the warrant issued by this Court, the Commissioner has also inspected the suit schedule property and measured the same with a licensed surveyor and allotted the respective shares to both the parties. Accordingly,, the Commissioner has filed a report along with a sketch and measurement of land and building issued by the Chartered Engineer. 3. Pursuant to the Report filed by the Advocate Commissioner, the plaintiffs have filed objection report. 4. Having considered the report filed by the Advocate Commissioner along with a sketch and measurement of land and building in Annexure IV and IVA issued by the Chartered Engineer in item Nos.I and II, (a) the Red colour portion is alloted to the 1st plaintiff, (b) the Blue Colour portion is alloted to the 2nd plaintiff, (c) Brown colour 3/4 https://www.mhc.tn.gov.in/judis A.No.3754 of 2023 in C.S No.204 of 1999 A.A.NAKKIRAN,J lbm portion is alloted to the 3rd plaintiff (d) Violet colour portion is allotted to the plaintiffs 4, 5 and 6, (e) Green colour portion is alloted to the legal heir of the 1st defendant and (f) Orange colour portion is alloted to the legal heir of the 2nd defendant vide Schedule IV and IVA. Accordingly, a final decree is passed as per the allotment made by the Advocate Commissioner in her report and as shown in the sketch. Accordingly, the Commissioner's report and sketch shall form part of the decree. 5. In view of the above, this application is allowed. No costs. 06.09.2023 Index: Yes/No Speaking/Non-speaking Order lbm A. No. 3754 of 2023 in C.S. No. 204 of 1999 4/4 https://www.mhc.tn.gov.in/judis