Madras High Court
G.Anita Reddy vs S.I.Rajiv Reddy on 26 August, 2021
C.S.No.674 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2021
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
C.S.No.674 of 2012
and A.No.4695 of 2012
G.Anita Reddy
W/o.G.R.K.Reddy ... Plaintiff
Vs.
1.S.I.Rajiv Reddy
2.N.Aruna Reddy ... Defendants
Prayer: The Civil Suit has been filed under Order IV Rule 1 of the Original
Side Rules read with Order VII Rule 1 of C.P.C. 1908, praying
a) To declare that the Plaintiff is the owner of 1/3rd share each in respect of
suit schedule properties along with the 1st and 2nd defendants who also shall
have 1/3rd share in the suit schedule mentioned properties.
b) To pass a final decree for division of the properties after determining the
share of each party that the Plaintiff and Defendants and allot 1/3rd share
each to the Plaintiff and Defendants by appointing an Advocate
Commissioner and take inventory and distribute the same by metes and
bounds apart from division of movable properties between the Plaintiff and
Defendants.
c)The Plaintiff submits that the 1st Defendant kept all the valuable
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C.S.No.674 of 2012
documents, movable properties and other essential valuable information
relating to title deeds of the properties and description of the properties and
due to the above reasons, the Plaintiff for the present is not able to give the
boundaries, survey numbers, extent and other details of the properties. The
Plaintiff is taking an application in the suit.
d) Directing against the 1st defendant to furnish all the particulars relating to
these properties and on such information obtained from the 1 st Defendant,
the Plaintiff may be given liberty to place correct particulars of the
properties in the Plaint. The Plaintiff seeking such indulgence from this
Court in view of the above situation and circumstances.
e) For a Permanent Injunction restraining the 1st defendant, his agents or
servants or from any one in dealing with the suit schedule properties or
changing the characteristic of the properties ie. movable or immovables,
including title deeds and documents by the 1st defendant in respect of the
share of the Plaintiff in respect of her share
f) Directing the payment of the cost of the suit to the Plaintiff from and out
of the estate to be partitioned as may be fixed by the Court.
For Plaintiff : No appearance
For Defendants :
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C.S.No.674 of 2012
JUDGMENT
(This case has been heard through video conference)
The plaintiff is not represented by any counsel and his name is repeatedly
printed in the cause list. Even though this Court is required to extend some
reasonable accommodation to the plaintiff in view of the ongoing Pandemic
situation, still it is the responsibility of the party to follow his case. This
apart, even Pandemic situation in Tamilnadu has considerably improved and
many of the restrictions imposed by the Government have now been
relaxed. It is apparent that the plaintiff is not following the case which
implies he is not keen in prosecuting the case.
2.This Civil suit stands dismissed for default accordingly. Consequently,
the connected application is also closed. No costs.
26.07.2021
kas
Index : yes / no
Internet : yes / no
Speaking / non speaking
https://www.mhc.tn.gov.in/judis/
C.S.No.674 of 2012
N.SESHASAYEE
kas
C.S.No.674 of 2012
and A.No.4695 of 2012
26.08.2021
https://www.mhc.tn.gov.in/judis/
