Lakshmi vs T.R.Rajagopal
2021 Latest Caselaw 15589 Mad

                                                                                     C.S.No.824 of 2017

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 03.08.2021

                                            CORAM : JUSTICE N.SESHASAYEE

                                                        C.S.No.824 of 2017



                     1.Lakshmi
                     2.Jeeva                                             ...          Plaintiffs

                                                               Vs.


                     1.T.R.Rajagopal
                     2.R.Poorni @ An apoorni                             ...          Defendants

                     PRAYER : Civil Suit filed under Order VII Rule 1 of the O.S. Rules
                     r/w. Order VII Rule 1 of the Civil Procedure Code to pass a judgment
                     and decree:


                                    a) declaring the plaintiffs' 2/4th share in the suit schedule
                                       properties, morefully described in the schedule
                                       hereunder, and pass a preliminary judgment and decree
                                       for partition;
                                    b) directing the defendants to pay the cost of the suit;
                                    c) granting such further or other reliefs as this Court may
                                       deem fit and proper under the circumstances of the
                                       case.


https://www.mhc.tn.gov.in/judis/
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                                                                               C.S.No.824 of 2017

                                   For Plaintiffs    : Mr.P.B.Balaji

                                   For Defendants    : Mr.M.Jai Kumar [D1]


                                                    JUDGMENT

The suit is laid for partition of 5 items of properties. The defendants did

not contest the suit about the partibility of Item Nos.2 to 5, nor do they

contest the shares allotable to each of the sharers. This implies the suit

has to go for trial only as regards Item 1, and as to the rest, a decree can

be passed.

2. This Court, therefore declares that the plaintiffs 1 and 2 are jointly

entitled to half share in Item Nos.2 to 5. The preliminary decree is

required to be passed accordingly. No costs.

03.08.2021

ds

Index : Yes / No Speaking Order / Non-speaking order

https://www.mhc.tn.gov.in/judis/

C.S.No.824 of 2017

N.SESHASAYEE.J.,

ds

C.S.No.824 of 2017

03.08.2021

https://www.mhc.tn.gov.in/judis/