M.Babyammal vs P.S.Saroja
2021 Latest Caselaw 24067 Mad

                                                                                    C.S.No.583 of 2013

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 07.12.2021

                                          CORAM : JUSTICE N.SESHASAYEE

                                                     C.S.No.583 of 2013


                     M.Babyammal                                       ...           Plaintiff

                                                             Vs.

                     1.P.S.Saroja
                     2.P.S.Jothi Selvaraj
                     3.P.S.Sathyamurthy
                     4.A.Arivukarasi
                     5.P.A.Manikandan
                     6.P.A.Dhashinamurthy
                     7.P.A.Thanikaivel
                     8.V.Revathi
                     9.P.Lakshmi
                     10.N.Latha
                     11.P.T.Sambandam
                     12.Valliammal                                     ...           Defendants

                     Prayer : Civil Suit filed under Order VII Rule 1 of the CPC read with
                     Order IV Rule 1 of the Original Side Rules, praying to pass a decree and
                     judgement as follows :
                                   (a) For partition of the suit properties mentioned in Schedule 'A'
                                       to 'J' into equal shares and allot the plaintiff her one fourth
                                       share by metes and bounds and hand over the possession of
                                       her shares.

                                   (b) For mense profits of the income of the properties and
                                       business to the extent of Rs.8,00,000/- pre month and pay

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                                                                                   C.S.No.583 of 2013

                                     her one fourth of Rs.2,00,000/- in the past three years from
                                     June 2011 to July 2013 calculation to Rs.72,00,000/- and
                                     also pay from today at Rs.2,00,000/- per month on the plaint
                                     one fourth share till the date of handing over the plaintiff's
                                     share.

                                  (c) For a direction directing the defendants to pay the cost of the
                                      suit and

                                  (d) For passing such other or further order / decree as this Court
                                      may deem fit and proper in the facts and circumstances of
                                      the case.


                                     For Plaintiff       : Mr.M.L.Ramesh

                                     For Defendants      : M/s.A.L.Gandhimati [D1 to D3]


                                                       JUDGMENT

The suit is for partition and it is defended only by defendants 1 to 3, of

who the first defendant has passed away, and her legal heirs are already

on record. The other defendants have not filed their written statements

and are set exparte.

2, There are 10 schedules of properties which are described in the plaint

from 'A' schedule to 'J' schedule. So far as the properties described in 'A'

schedule is concerned, the contesting defendants offered no contest.

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C.S.No.583 of 2013

Therefore, this Court passes the preliminary decree declaring 1/4 th share

in 'A' schedule property.

07.12.2021

ds

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

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C.S.No.583 of 2013

N.SESHASAYEE.J.,

ds

C.S.No.583 of 2013

07.12.2021

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