C. Kanagasabapathi vs Mrs. C. Janagammal
2022 Latest Caselaw 14428 Mad

                                                             1                      C.S. No.742 of 2013

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS


                                                     Dated: 12.08.2022

                                                          CORAM

                                   THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                                    C.S.No.742 of 2013


                     1. C. Kanagasabapathi, (Deceased)
                     2. K. Rajathilagam,
                     3. A. Meenakhi,
                     4. K. Rajachidambaram,                                                   ...Plaintiffs

                                                             .Vs.
                     1.Mrs. C. Janagammal,
                     2.Mrs. K. Gomathi,
                     3.Mrs. C. Janaki,
                     4.Mr. C. Namachivayam,
                     5.Mr. J. Gopinath,
                     6.Mr.D. Santhosh Kumar,
                     7. Mr. T. Jayakumar                                                ...
                     Defendants



                                  Plaint filed under Order IV Rule 1 of O.S. Rules read with Order
                     VII Rule 1 of the Code of Civil Procedure, praying for:

                                  a) Dividing the schedule mentioned property by metes and bounds

                     of five equal shares and allot 1/5th share to the plaintiff.


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                                                               2                   C.S. No.742 of 2013

                                  b) To cancel the consent deed dated 08.10.2012, registered as

                     document No.11590 of 2012 in Sub-Registrar Office, Guduvancheri,

                     executed by Plaintiff and 3rd defendant in favour of the 2nd defendant as

                     invalid.

                                  c) To appoint an advocate commissioner to divide the schedule

                     mentioned property into five equal parts and allot 1/5th share to the

                     plaintiff and

                                  d) costs of this suit.



                                         For Plaintiffs     : Mr.`K. Ramesh

                                         For Defendants     : Mr. A. Ilangovan for D-2
                                                            : Mr. B. Sudharshan for D-3
                                                              : Mr. M. Stalin for D-4

                                                            ******

                                                           JUDGMENT

The plaintiffs have come up with the above suit seeking for a

directions: a) Dividing the schedule mentioned property by metes and

bounds of five equal shares and allot 1/5th share to the plaintiff b) To

cancel the consent deed dated 08.10.2012, registered as document

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No.11590 of 2012 in Sub-Registrar Office, Guduvancheri, executed by

Plaintiff and 3rd defendant in favour of the 2nd defendant as invalid c) to

appoint an advocate commissioner to divide the schedule mentioned

property into five equal parts and allot 1/5th share to the plaintiff and d)

costs of this suit.

2. When the matter is taken up for hearing today along with TOS

No.16 of 2015, the learned counsel for the plaintiffs in the aforesaid suit

seeks permission of this Court to withdraw this suit and he has also made

an endorsement to that effect.

3.In view of the above endorsement made by the learned counsel

for the plaintiffs, this suit is dismissed as withdrawn. Consequently,

connected miscellaneous petition is closed if any.

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A.A.NAKKIRAN.,J

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C.S.No.742 of 2013

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