Madras High Court
Vijay Nahar vs Anil Nahar on 7 September, 2021
C.S.No.86 of 2004
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.86 of 2004
Vijay Nahar ... Plaintiff
Vs.
1.Anil Nahar
2.M/s.Transworld Exports (P) Ltd.,
Rep. By its Director Mr.Anil Nahar ... Defendants
Prayer : Civil Suit filed under Order IV Rule 1 & Order XXIV of the
Original Side Rules read with Order VII Rules 1 of CPC., praying to
pass a decree and judgement as follows :
(a) to declare the plaintiff's half share in the suit schedule
properties;
(b) to appoint a Commissioner for division of the properties and
allot half share in the suit schedule properties by metes and
bounds;
(c) to grant an injunction restraining the defendant, their men,
agents, assignees from encumbering or alienating the suit
schedule properties; and
(d) to appoint an Advocate Commissioner to ascertain the mean
profits in respect of the suit schedule properties and direct
the 1st respondent to render accounts of the same and direct
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C.S.No.86 of 2004
payment of such sum ascertained towards mean profits to
the plaintiff for 3 years from the date of filing of the suit;
(e) directing the defendants to pay cost of the suit and
(f) for such further or other reliefs as this Court may deem fit
and proper in the circumstances of the case.
For Plaintiff : Mr.V.G.Suresh Kumar
For Defendants : Mr.P.H.Arvind Pandian
Senior Counsel
Assisted by Mr.R.Vishnu
for D1 & D2
JUDGMENT
This is a suit for partition, in which the plaintiff seeks division of assets
of properties detailed in plaint in 'A' and 'B' Schedules. 'A' schedule has
three items of properties; and 'B' schedule has another three items of
properties.
2. So far as 'A' schedule Item No.3 and 'B' schedule Item No.1 are
concerned, there is no dispute. The plaintiff claims half right over the
entire six items of properties as detailed above against his brother, the
first defendant. According to him, the entire estate belongs to late
T.C.Nahar. father of the parties.
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C.S.No.86 of 2004
3. Of the schedule items of properties, 'A' schedule Item 1 & 2 are borne
by the second-defendant company. 'B' schedule Item 2 is the shares
stated to have been held by the father of the parties and 'B' schedule Item
3 is a certain insurance policy of their father.
4. There is no dispute over plaint 'A' schedule Item 3 and 'B' schedule
Item 1. So far as the other assets are concerned, 'A' schedule Item 1 and
2 and 'B' schedule Item 2 would go together, and 'B' schedule Item 3 is
yet another property (insurance policy).
5. As already indicated there is no dispute over 'A' schedule Item 3 and
'B' schedule Item 1. Therefore, this Court passes a preliminary decree for
partition of 'A' schedule Item 3, and 'B' schedule Item 1 and 3 of the suit
properties. No costs.
07.09.2021
ds (½)
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.S.No.86 of 2004
N.SESHASAYEE.J.,
ds
C.S.No.86 of 2004
07.09.2021
(½)
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