Supreme Court of India
K.M. Srinivasan v. K.M. Arumugham
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What the Court ordered
Under these circumstances, the judgments and decrees of the High Court, appellate Court and the trial Court stand set aside. The trial Court is directed to appoint an Advocate Commissioner to inspect the area and work out the partition in such a way where both the parties would enjoy the property in equal share. The matter is remitted to the trial Court. The appeal is accordingly allowed. The trial Court would do the exercise within a period of six months from the date of receipt of this Court's order. No costs.
Judgment, Final paragraph, p. 813
From the headnote
Partition—Both the brothers to enjoy the property in equal shares—Matter remitted to trial court which would appoint an Advocate Commissioner to inspect the area and work out the partition in such a way where both the parties would enjoy the property in equal share—Trial Court to complete the exercise within six months. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 14132 of 1996. From the Judgment and Order dated 16.11.95 of the Madras High Court in S.A.…
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