K. Prabhu vs Mrs.K. Eswari
2021 Latest Caselaw 25377 Mad

                                                                                    C.S. No. 752 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED:23.12.2021

                                                         CORAM

                                  THE HONOURABLE MR. JUSTICE N. SESHASAYEE

                                                   C.S. No. 752 of 2015

                K. Prabhu                                                          ..Plaintiff

                                                           Vs.

                1.        Mrs.K. Eswari
                2.        Mr.K. Devakumar
                3.        Mrs.T. Roopavathy
                4.        Mrs. R. Susila
                5.        Mr.K. Pugazhendhi
                6.        Ms. A. Venmuhil @ Ilakiya                          ..Defendants

                Prayer:            Civil Suit under Order IV Rule 1 of Original Side Rules read with

                Order VII Rule 1 CPC praying for a judgment and decree (a) to grant a

                preliminary decree for partition and separate possession of the plaint schedule

                properties and allotment of 1/7th share to the plaintiff, by metes and bounds,

                taking into account all the relevant factors regarding the value and utility of the

                properties (b) to declare Settlement Deed dated 12.09.2014 executed by the 1st

                defendant in favour of 2nd defendant registered as Document No.3962 of 2014

                is illegal and void and not valid




https://www.mhc.tn.gov.in/judis
                                                                                 C.S. No. 752 of 2015

                                                                           N. SESHASAYEE,J.

                                                                                                 nv

                and binding upon the plaintiff and (c) directing the 2nd defendant to render a

                true and proper accounts of the rental account of the rental income that he has

                received from the suit schedule properties from 12.09.2014 till the date of

                decree and pass a decree directing the 2nd defendant to pay to the plaintiff 1/7th

                share of the rental income as his share and direct the defendants to pay mesne

                profits till the final decree.

                                  For Plaintiff ::   No appearance

                                  For Defendants     ::   No appearance

                                                     JUDGMENT

Today, the matter is posted under the caption "For Dismissal".

Even today, there is no representation on behalf of the plaintiff. Hence, the suit

is dismissed for default. No costs.

23.12.2021

nv

C.S. No. 752 of 2015

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