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2026 DAILYLAW 44437 (MAD)

MR.T.SIVAPRAKASAM v. MR.T.VISWESIAH AND ANOTHER

A/1664/2026 · 2026-07-06

A D Maria Clete

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A.No.1664 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 1664 of 2026 in C.S. No. 769 of 2013 Mr.T.Sivaprakasam S/o.T.L.Thiagarajan, No.12, Plot No.154, 7th Main Road, Thanikachalam Nagar, Ponniammanmedu, Chennai-600 110. ..Applicant(s)/Plaintiff Vs 1. Mr.T.Viswesiah S/o.Mr.T.L.Thiagarajan, Plot No.7, Old No.4, New No.7, Soliappan Street, Ullagaram, Chennai 600 091. 2. Mr.T.Subramaniam (Deceased) S/o.Mr.T.L.Thiagarajan, Old No.16, New No.14, Govindarajulu Naidu Street, Agaram, Perambur, Chennai 600 082. (Amended as per order dated 16.02.2022 in A.No.538 of 2022 and time extended as per order dated 16.03.2022 in A.No.1043 of 2022 in C.S.No.769 of 2013) ..Respondent(s)/ Defendants 1/5 https://www.mhc.tn.gov.in/judis A.No.1664 of 2026 PRAYER: To Pass a Final Decree dividing the suit property by metes and bounds in to 1/2 (Half) share and share and allot 1/2 (Half) share of property to the applicant/plaintiff. For Applicant(s): M/s. N.Kishore Kumar For Respondent(s): Mr.P.Paramasivadoss ORDER This is an application filed for passing a final decree pursuant to the preliminary decree passed in the partition suit in C.S. No. 769 of 2013 by Judgment dated 15.09.2025, whereby it was declared that the plaintiffs are entitled to one-half share in the suit schedule property. 2.By order dated 31.01.2024, an Advocate Commissioner was appointed to inspect the suit property and suggest a mode of division by metes and bounds. The learned Advocate Commissioner, with the assistance of a qualified Civil Engineer, inspected the property and filed his report and sketch on 10.06.2024. 3.In the report, the learned Advocate Commissioner has opined that the suit property is capable of convenient division by metes and bounds. Accordingly, the 2/5 https://www.mhc.tn.gov.in/judis A.No.1664 of 2026 property has been divided into two portions, described as 'A' Schedule and 'B' Schedule. The report further discloses that both portions are substantially equal in extent, value and enjoyment. 4.The Commissioner's report and the accompanying sketch were furnished to both parties. No objections have been filed by either side disputing the mode of division suggested by the Advocate Commissioner. On a careful consideration of the report and the sketch, this Court finds the proposed division to be fair, equitable and in conformity with the preliminary decree. 5.Accordingly, the 'A' Schedule property, more fully described in the Advocate Commissioner's report and sketch, is allotted to the plaintiff towards his one-half share in the suit property. 6.As a result, a final decree is passed in terms of the Advocate Commissioner's report, allotting the 'A' Schedule property to the plaintiff. The Advocate Commissioner's report and the sketch shall form part and parcel of this final decree. 3/5 https://www.mhc.tn.gov.in/judis A.No.1664 of 2026 7.Accordingly, this Final Decree Application is allowed with costs. Consequently, connected applications if any stand closed. 06-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AY Note: Registry is directed to issue order copy on 07.07.2026. 4/5 https://www.mhc.tn.gov.in/judis A.No.1664 of 2026 DR.A.D.MARIA CLETE, J. AY A No. 1664 of 2026 in C.S. No. 769 of 2013 06-07-2026 5/5 https://www.mhc.tn.gov.in/judis