C.Prakash vs K.Chandramathi
2021 Latest Caselaw 24389 Mad

                                                                                     C.S.No.490 of 2006

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 10.12.2021

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE N.SESHASAYEE

                                                  C.S.No.490 of 2006


                     C.Prakash                                                     ... Plaintiff

                                                           Vs.

                     1.K.Chandramathi
                     2.G.Sarala Ramachandran
                     3.G.Kannadasan
                     4.G.Vinod Kumar                                                ... 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 to pass the
                     judgment and decree by passing a preliminary decree for partition of the
                     plaint schedule properties by dividing 1/5th share in schedule – A, D and
                     properties, 1/3rd share in schedule – B property and 1/4 th share in the
                     schedule – C property.
                     (a) partition of the suit property mentioned in the schedule – A, D and E by
                     metes and bounds and deliver to the plaintiff his separate 1/5th share thereof;


                     (b) partition of the suit property mentioned in the schedule – B by metes and
                     bounds and deliver to the plaintiff his separate 1/3 share thereof;


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                                                                                       C.S.No.490 of 2006

                     (c) partition of the suit property mentioned in the schedule – C by metes and
                     bounds and deliver to the plaintiff his separate 1/4th share thereof;


                     (d) to appoint an Advocate Commissioner to inspect all the schedule
                     mentioned properties and divide the schedule mentioned properties by
                     metes and bounds;


                     (e) to pass a final decree of partition by dividing 1/5th share in the schedule
                     – A, D and properties, 1/3rd share in schedule – B property and 1/4th share in
                     the schedule – C property and for costs.


                                          For Plaintiff         : M/s Ratnasabapathy
                                          For D2                : S.S. Swaminathan

                                                     JUDGMENT

Learned counsel for the defendant has conceded to make a statement that

the suit is laid for partition and both sides have amicably settled the issue

between them outside the Court.

2.Learned counsel for the plaintiff made a statement that he had no

instructions in this regard and therefore on the earlier occasion this Court

permitted him to find out the position.

https://www.mhc.tn.gov.in/judis C.S.No.490 of 2006

3.Today, the learned counsel has filed a memo dated 02.12.2021, in which,

he has stated that his efforts to serve communications on his client have

failed as his client is not claiming the mail sent by him.

4.If the plaintiff wants to compromise with the defendant without the aid of

the judicial process that is welcomed. However, his duty to the institution

and to the Courts will not be complete till he volunteers to make use of this

redressal facility. In this circumstance, this Court has expressed above as to

what exactly has transpired. Now, this Court is left with little option but to

dismiss the suit.

4.In the result, this suit is dismissed. No costs.

10.12.2021 kas

Index : yes / no Internet : yes / no Speaking / Non speaking order

https://www.mhc.tn.gov.in/judis C.S.No.490 of 2006

N.SESHASAYEE kas

C.No.490 of 2006

10.12.2021

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