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S.Vasanthakumari Vs Mangayarkarasi — Partition | Madras HC (2018)

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S.Vasanthakumari Vs MangayarkarasiS.Vasanthakumari v. Mangayarkarasi

Dismissed

S.Vasanthakumari v. Mangayarkarasi

Madras HC16 Feb 2018CS/159/2011

Case brief

AI extract

What is this about?

The court considered a civil suit for partition alleging settlement and dismissed the suit as withdrawn based on the plaintiff's endorsement.

What did the court decide?

Suit dismissed as withdrawn; interim orders vacated.

What the court decided

AI extract

A

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

C.S.No.159 of 2011
S.Vasantha Kumari ... Plaintiff
..Vs..
1.Mangayarkarasi
2.K.Panneerselvam
3.Manimozhi
4.Estate of K.Sundar
By its Inter meddlers
(1)Rajani
(2)Roshini
5.K.Anand
6.V.S.Subramanian
7.S.Marimuthu
8.K.Senthilvadivu
9.S.Manimegalai
10.A.Umapathy
11.U.Meera
... Defendants

Plaint filed under Order IV Rule 1 of O.S.Rules r/w Order VII

Rule 1 of C.P.C, 1908, praying to pass a judgment and decree:-

(a)For partition and separate possession of the plaintiff's

share in the Schedule-I property more fully described in Schedule-II by metes and bounds more fully described in schedules-I & II hereunder;

(b)For permanent injunction restraining the defendants 8 to

Parties & counsel

AI extract

petitioner
S. Vasantha Kumari
respondent
Mangayarkarasi/K.Panneerselvam/Manimozhi/Estate of K.Sundar/Rajani/Roshini/K.Anand/V.S.Subramanian/S.Marimuthu/K.Senthilvadivu/S.Manimegalai/A.Umapathy/U.Meera

Coram

AI extract

R. Subramaniam

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 16 Feb 2018 · February
Registered: 3 Mar 2011
Case no.: CS/159/2011

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Cite this judgement

S.Vasanthakumari v. Mangayarkarasi, CS/159/2011 (MAD), decided on 16 February 2018.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

R. Subramaniam

Parties & counsel

Outcome

Suit dismissed as withdrawn; interim orders vacated.

Detailed headnote1 paragraphs

Suit dismissed as withdrawn by order of counsel; interim orders vacated.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

http://www.judis.nic.in

2

11, their men, agents, servants or anyone claiming through them from

encumbering, alienating, dealing with or creating any charge, mortgage, lien over the Schedule-I property without reference to the plaintiff's share which incidentally includes the Schedule-II property belonging to the plaintiff;

(c)For recovery of damages at the rate of Rs.10,000/- per

month from the date of the plaint till the date of actual surrender of the

premises to the plaintiff in respect of Schedule-II property;

(d)For permanent injunction restraining the defendants 9 to

11, their men, agents, servants or anyone claiming through them from altering the physical features of the property more fully described in the

schedule-II property;

(e)For mandatory injunction directing the defendants 9 to

11 to demolish the existing structure and restore the property to its original status as on the date of partition amongst the heirs of late

S.Krishnamurthy on 27.06.2000;

(f)Grant such further or other reliefs, and

(g)Costs of the suit.

For Plaintiff : Mr.R.Thiagarajan For Defendants : Mr.P.R.Balasubramanian for D-8 Mr.S.Ratnasabapathy for D-9 Mr.K.Azhagu Raman for D-10 & 11

http://www.judis.nic.in

3

J U D G M E N T

Mr.R.Thiagarajan, learned counsel appearing for the plaintiff has

made the following endorsement in the plaint.

“ The suit has been settled out of Court by the
10 th and 11 th defendant out side the Court. Hence,
the suit may be dismissed as withdraw. ”
2.In view of the same, the suit is dismissed as withdrawn. All
interim orders granted by this Court shall stand vacated.
16.02.2018
KP
Index : Yes/ No
Internet : Yes/ No
Speaking Order/ Non-speaking Order
To
The Sub Assistant Registrar,
Original Side,
High Court,
Madras.

http://www.judis.nic.in

4

R.SUBRAMANIAN, J.

KP

C.S.No.159 of 2011
16.02.2018

http://www.judis.nic.in

CNR

HCMA010628582011

Topic

Bench

Disposal

DISMISSED AS SETTLED OUT OF COURT

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