P.K.Vallikumaran vs A.P.Manikandan
2024 Latest Caselaw 307 Mad

Madras High Court

P.K.Vallikumaran vs A.P.Manikandan on 4 January, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

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                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED: 04.01.2024

                                                              CORAM

                                     THE HON`BLE MR.JUSTICE N.SATHISH KUMAR

                                               C.S.No.56 of 2021
                      and A.Nos.3110, 3114, 3116, 1380, 1381, 1382, 1383, 3111, 3113, 3112,
                                           1379, 4340, 3115 of 2022
                                             and O.A.No.91 of 2021

                     P.K.Vallikumaran                                                          .. Plaintiff

                                                               Versus

                     1.A.P.Manikandan
                     2.A.P.Mangayakarasi                                                     .. Defendants

                                  Civil Suit filed under Order IV Rule 1 of High Court O.S. Rules 1956

                     read with Order VII Rule 1 of CPC for the following reliefs:

                                  a) for partition of suit schedule properties described in the schedule by

                     metes and bounds and grant separate possession of suit property by

                     delivering the possession of 1/3rd share to the plaintiff;



                                  b) for appointment of an Advocate Commissioner to divide the suit

                     property by metes and bounds as per preliminary decree and to make a




https://www.mhc.tn.gov.in/judis
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                     partition on suit properties and allot 1/3rd share of suit properties to the

                     plaintiff by metes and bounds;



                                  c) for permanent injunction restraining the defendants or their

                     servants, agents or other acting on their behalf from in any manner

                     alienating or encumbering the suit property to any third party or in any

                     manner dealing with the suit property described in the schedule-II to the

                     plaint;



                                  d) for cost of the suit;



                                                For plaintiff      : Ms.K.Santhosh Kumari
                                                                     for Mr.R.Shanmugam

                                                For defendants     : No appearance for D2

                                                                JUDGMENT

Dr.Karpagam Janardhan, power agent of the plaintiff is present today.

She has also filed a memo on behalf of the plaintiff to withdraw the suit with

a liberty to file a fresh suit to the same cause of action.

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2. Considering the nature which was originally filed for partition,

since discrepancy occurred, this Court grants liberty to the plaintiff to file a

fresh suit on the same cause of action.

3. Accordingly, this suit is dismissed as withdrawn. No costs.

Consequently, the connected applications are closed. The Registry is

directed to issue a certified copy to the power agent of the plaintiff.

04.01.2024

dhk

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

N.SATHISH KUMAR, J.

dhk

and A.Nos.3110, 3114, 3116, 1380, 1381, 1382, 1383, 3111, 3113, 3112, 1379, 4340, 3115 of 2022

04.01.2024

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