T. Sumathi vs Nedumaran
2023 Latest Caselaw 11347 Mad

                                                           1                  Tr.C.S.No.830 of 2017

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 28.08.2023

                                                         CORAM

                                  THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                                   Tr.C.S.No.830 of 2017


                     1. T. Sumathi,
                     2. R. Mythili,
                     3. G. Sangeetha,
                     4. S. Thamaraiselvi,
                     5. Gnanaselvi,
                     6.M. Saiselvam                                                   ...Plaintiffs

                                                            .Vs.
                     1.Nedumaran,
                     2. Anandakumar,
                     3.Ramamurthi,
                     4.Raji,
                     5.Anand,
                     6.Jawahar,
                     7.Johnson,
                     8.Damodaran                                                   ... Defendants

                     Prayer:

                                  Plaint filed under Order VII Rule 1 of the CPC, 1908 read with

                     Order IV Rule 1 of the Original Side, 1957 praying for a judgment and

                     decree as follows:-


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                                                              2                     Tr.C.S.No.830 of 2017

                                  a) for Partition of the property given in the schedule of the suit in

                     1/8th share to each of the plaintiffs herein by dividing the same in mets

                     and bounds in accordance to the entitlement to entrust the said property

                     in possession of the plaintiffs herein:

                                  b) To direct the 2nd defendant to pay the sum of Rs.6,660/- the

                     mesne profits from the date of demise of Late Manickam till the date of

                     filing of this suit.

                                  c)To direct the 2nd defendant to pay the future mesne profit

                     accrued in the suit till the partition being affected and the plaintiffs were

                     put in possession of respective shares.

                                  d) To award the costs of the suit and,

                                  e) To pass such other orders:

                                        For Plaintiff                 : No Appearance
                                        For Defendants                : Mr. S.Krishnasamy for R-2

                                                            ********




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                                                           3                Tr.C.S.No.830 of 2017


                                                    JUDGMENT

On the earlier occasion, there was no representation for the

plaintiffs and hence, the Registry was directed to list the matter under the

caption “for dismissal” on 28.08.2023. Despite the same, even today, ie.

28.08.2023, there is no representation for the plaintiffs and therefore, the

Suit is dismissed for non prosecution. Consequently, connected

Miscellaneous Petition is also closed if any. No costs.

                                                                                     28.08.2023


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                     Internet          : Yes
                     Speaking order

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A.A.NAKKIRAN.,J Lbm

C.S.No.830 of 2017

28.08.2023

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