Appointment of Advocate Commissioner - For sale of suit property by public auction - proper.

Citation 

AIR 2024 MADRAS 106: AIROnline 2024 MAD 117

V. SIVAGNANAM, J.

Civil Revision Petition No. 4878 of 2023, D/-12-2-2024.

A. Umashankar v. Premavathy.

Civil P. C. (5 of 1908), O. 26 Rr. 9, 13- Appointment of Advocate Commissioner - For sale of suit property by public auction Challenge against - Preliminary de- cree for partition was passed in favour of plaintiffs by allotting them 7/11 shares in suit property - Plaintiffs thereafter filed petition for final decree and to divide suit property by metes and bounds through Ad- vocate Commissioner - Advocate Com- missioner had filed his report stating that building can be divided into two shares i.e. 7/11 shares to plaintiffs and 4/11 shares to defendant Since Advocate Commissioner's report was not certain about divisibility of building, Chartered En- gineer was appointed and he opined that suit property was not divisible and market value of suit property was Rs. 1,11,17,000/- - Trial Court pursuant to that report had fixed value of suit property at Rs.1,11,00,000/- - Considering reports of Commissioner and Chartered Engineer, appointment of Advocate Commissioner to bring the suit property for sale by public auction was proper. (Paras 6, 9)