P.K. Karunakaran vs Ramani
2022 Latest Caselaw 4250 Mad

                                                                              C.S.No. 397 of 2016(B)

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  Dated: 04.03.2022
                                                      CORAM :
                      THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
                                               C.S.No. 397 of 2016 (B)


                    1.P.K. Karunakaran
                    2.K.Revathy
                    3.Thangamani (Deceased)
                      [3rd plaintiff as per order dated 12.07.2019
                      on memo in C.S.No.397 of 2016]
                    4.Anusuyadevi (Deceased)
                      [The plaintiffs 1, 2 and 4 and the
                      defendants 1 and 2 are the legal
                      heirs of the deceased].                                         ..Plaintiffs

                                                            Versus
                    1.Ramani
                    2.Harishankar
                    3.K.V.Vimalakrishnan
                    4.V.Thanigaivel
                    5.A.Kanchanamala
                    (Defendants 3 to 5 are brought on record
                    as legal-heirs of the 4th plaintiff as per order
                    dated 24.09.2021 in A.No.2617 of 2021)                          ..Defendants


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

                    with Order VII Rule 1 of CPC., prays for a judgment and decree against

                    the defendants for (a) partitioning the schedule properties by metes and

                    bounds and allotting 1/4th share to the plaintiffs 1 and 2 jointly and 1/4th

                    1/4
https://www.mhc.tn.gov.in/judis
                                                                               C.S.No. 397 of 2016(B)

                    share to the plaintiffs 3 and 4 each; (b) To rendition of accounts for the

                    amounts derived from the properties towards rents; (c) Permanent

                    Injunction restraining the defendants, their men, agents or anybody

                    claiming under or on behalf of the defendants herein from in any manner

                    dealing with the schedule properties either by alienating, mortgaging,

                    leasing or in any other manner and (d) to pay the costs of the suit.


                                    For Plaintiffs    :     Mr.K.V.Sundararajan

                                    For D1 & D2       :     Mr.R.M.Pradeepan
                                                            For Mr.Arunbabu

                                    For D3 to D5      :     Already set ex-parte
                                                            on 24.09.2021
                                                          ----

                                                     JUDGEMENT

The learned counsel appearing for the plaintiffs submitted that the

3rd plaintiff died on 07.01.2019 and the Class II legal heirs are already on

record. Subsequently, the 4th plaintiff also died on 14.01.2021 leaving

behind her husband and her children as her legal heirs. Since they did not

join as plaintiffs, they were impleaded as defendants 3 to 5 vide order

dated 24.09.2021 in A.No.2609 of 2021 and the defendants 3 to 5 have

already set expate. Now, due to their personal family circumstances, the

https://www.mhc.tn.gov.in/judis C.S.No. 397 of 2016(B)

plaintiffs 1 and 2 are not interested to prosecute the matter in the above

suit and they did not want to press the above suit. Hence, the above suit is

dismissed as not pressed. They have filed a Memo dated 19.02.2022 to

the above effect.

2. Recording the above submission made by the learned counsel

appearing for the plaintiffs and the memo, this Civil Suit stands dismissed

as not pressed. No costs.

04.03.2022

msm Speaking order : Yes/No

https://www.mhc.tn.gov.in/judis C.S.No. 397 of 2016(B)

V. BHAVANI SUBBAROYAN, J.

msm

C.S.No. 397 of 2016 (B)

04.03.2022

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