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Sundaraja Naidu vs R.Alagarsamy Naidu

Madras High Court|31 January, 2017

JUDGMENT / ORDER

[Judgment of the Court was delivered by R.SUBBIAH, J.] This Writ Appeal is directed against the order of Writ Court dated 17.04.2015, made in W.P.(MD).No.5178 of 2015.
2. The appellant is the third respondent before the learned Single Judge. The first respondent/writ petitioner has filed the Writ Petition seeking for the issuance of a Writ of Mandamus, directing the second and third respondents to measure the land of the first respondent's property in T.S.No.659, Ward No.57, based on the compromise decree in O.S.No.2056 of 2004 before the Additional District Munsif Court, Madurai Town, dated 31.07.2013.
3. The learned Single Judge, by order dated 17.04.2015, disposed of the Writ Petition, directing the second and third respondents to issue notice to the appellant as well as the first respondent herein and pass appropriate orders in accordance with law, after giving due opportunity, within a period of six weeks from the date of receipt of a copy of the said order. Aggrieved over the same, the appellant is before this Court with the present Writ Appeal.
4. The learned counsel for the appellant submitted that the appellant has no objection for measurement of the property as per the plan annexed with the Advocate Commissioner's report filed before the Additional District Munsif Court, Madurai Town, in O.S.No.2056 of 2004. The learned counsel for the first respondent has also agreed for the same.
5. In view of the above, the second and third respondents herein are directed to measure the property in question as per the plan annexed with the Advocate Commissioner's report filed before the Additional District Munsif Court, Madurai Town, in O.S.No.2056 of 2004. However, if there is any dispute during measurement, the parties can work out their remedy before the Civil Court concerned.
6. The Writ Appeal is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petitions are closed. .
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Title

Sundaraja Naidu vs R.Alagarsamy Naidu

Court

Madras High Court

JudgmentDate
31 January, 2017