K.T.Dayalan vs K.T.Kirubanandam on 7 August, 2008
A mere reading of it would highlight that the said decision is on a different point as in that case, the lower court misunderstood the High Court's order as though the High Court directed the lower Court to effect the division and not to conduct auction. Thereupon, His Lordship the then Hon'ble Chief Justice Rajamannar, clarified the position and highlighted that despite High Court directed for division of the property, the lower court could entertain an application for auction under Section 2 of the Partition Act. As such, the said cited decision is also not applicable to the facts and circumstances of this case.