R.Shyam Chandra vs Y.V.Shivapriya
2023 Latest Caselaw 6358 Mad

                                                                                            Ts.CS.No.88 of 2018


                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED : 15.06.2023

                                                              CORAM:

                                         THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                        Tr.CS.No.88 of 2018

                     R.Shyam Chandra                               ...                 Plaintiff

                                                               Versus
                     Y.V.Shivapriya                               ...                  Defendant

                     PRAYER: Transfer Civil Suit filed under Order VI Rule 1 & 2 of Madras
                     High Court O.S.Rules and Section 26 of CPC, praying to pass a decree and
                     judgement in favour of the plaintiff against the defendant:
                                  (a)passing a preliminary decree for partition and separate possession
                     directing the defendant to divide the suit property in to two equal shares and
                     put the plaintiff in possession and enjoyment of one such share with in the
                     time stipulated by this Court failing which
                                  (b)pass a final decree for partition and separate possession of the suit
                     property and appointing the commissioner to divide the suit property as per
                     the terms and conditions of the preliminary decree with qualified surveyor.
                                  (c) directing the defendant to pay the cost of the suit
                                  (d) pass such further or other order as this Court may deem fit and
                     proper in the circumstances of the case.



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https://www.mhc.tn.gov.in/judis
                                                                                        Ts.CS.No.88 of 2018


                                        For Plaintiff      : Mr.E.Angayarkani
                                        For Defendant      : M/S.S.Sathyiya Narayanan

                                                           JUDGMENT

When the matter is taken up today for hearing, the learned counsel for

the plaintiff filed a memo stating that the suit in Tr.CS.No.88/2018 can be

dismissed as withdrawn.

2. Memo recorded and hence the suit in Tr.CS.No.88/2018 is

dismissed as withdrawn. Since this matter had tagged along with the other

CS.No.418 of 2017 and Tr.CS.No.88 of 2018 was the leading case in which

the plaintiff was examined as PW.1, the evidence of PW.1 is liable to be

struck off in view of withdrawal of Tr.CS.No.88/2018.

3. Hence, the plaintiff in CS.No.418 of 2017 has to adduce evidence

afresh and begin the trial in CS.No.418 of 2017.

4. The plaintiff in CS.No.418 of 2017 is directed to appear before the

learned Master on 28.06.2023.

15.06.2023 [½] Index : Yes / No Speaking order / Non-speaking order Internet: Yes/No jrs

https://www.mhc.tn.gov.in/judis Ts.CS.No.88 of 2018

R.N.MANJULA, J.

jrs

Tr.CS.No.88 of 2018

15.06.2023

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