Civil suit for partition of property and maintenance dismissed for non-prosecution due to the absence of the plaintiffs and their counsel during the hearing.
Suit dismissed for non-prosecution; no costs awarded to any party.
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 18TH DAY OF APRIL 2022
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.S.No.286 of 2011
1.Mrs.Maria Doris, No.16, 2nd Cross, Ramaiah Layout, St.Thomas Town Post, Kammana Halli, Bangalore - 560 084
2.D.Danis Veron (Minor) D/o.Maria Doris, Represented by Mother and Natural guardian Mrs.Maria Doris, 1st Plaintiff, No.16, 2nd Cross, Ramaiah Layout, St.Thomas Town Post, Kammana Halli, Bangalore - 560 084
..Plaintiffs
versus
1.P.Dominic Rexeline, S/o.S.Pitchai, No.1/3,New No.6, David Colony, Meter Factory Road, Trichy - 620 021 2.Franklin Andrew, S/o.S.Pitchai, No.3, Flat -E, Prema Castle, 1st Cross Street, https://hcservices.ecourts.gov.in/hcservices/ Trustpuram, Kodambakkam, Chennai- 600 024
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3.Mr.S.Pitchai, No.1/3, New No.6, David Colony, Meter Factory Road, Trichy - 620 021 4.Mrs.P.Veronica, W/o.S.Pitchai, No.1/3, New No.6, David Colony, Meter Factory Road, Trichy - 620 021
... Defendants
Civil suit praying that this Hon'ble Court be pleased to pass a judgment and decree against the defendants:
a)To pass preliminary decree for partition of 50% share in the plaint 'A' schedule properties by metes and bounds and appointment of Advocate Commissioners to effect division of the plaint 'A' schedule property by metes and bounds and allot 50% share in plaint 'A' schedule property and put the 1st plaintiff in possession of the same.
b)To direct the defendants to render account for the amounts withdrawn from the joint account in Post Bank (POSB), Tampanies in Singapore bearing A/c.No.064336967 and consequently direct the first defendant to pay moiety of the amounts proved to be in joint account.
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c)To declare that the impugned settlement deed dated 20.08.2008 registered as Doc.No.2998 of 2008 in the office of SRO Kodambakkam executed by the first defendant in favour of second defendant is null and void and not binding on the plaintiffs;
d)To declare the impugned settlement deed dated 26.09.2008 registered as Doc.No.5693 of 2008 within S.R.O.Tiruchirapalli, Joint SubRegistrar, (D.R.O status) executed by the first defendant in favour of fourth defendant is null and void and not binding on the plaintiffs;
e)Mandatory injunction directing the first defendant to pay a sum of Rs.10,000/- per month as maintenance to the second plaintiff from date of plaint until she attains majority.
f)To declare charge over 1st defendant's 1/2 share in plaint - 'A' schedule and entire 'B' schedule property for the arrears of maintenance payable to the second plaintiff;
g)To direct the defendants to pay the cost of the suit.
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This civil suit coming on this day before this Court for hearing in the
presence of Mrs.J.Anandhavalli, Advocate for the defendants herein and the
plaintiffs herein having not appeared in person or by advocate and upon
reading the plaint filed herein and, it is ordered as follows:-
That the suit in C.S.No.286 of 2011 be and is hereby dismissed for non-prosecution.
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 18TH DAY OF APRIL 2022.
Sd./-
ASSISTANT REGISTRAR (O.S.I) //Certified to be true copy//
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
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DL 28.04.2022
C.S.No.286 of 2011
ORDER
DATED : 18.04.2022
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
FOR APPROVAL :12.05.2022
APPROVED ON :12.05.2022
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.04.2022
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.S.No. 286 of 2011
1.Maria Doris
2.D.Danis Veron (Minor) D/o. Maria Doris, Rep. by mother and natural guardian Mrs.Maria Doris
..Plaintiff
Versus
..Defendants
Prayer:- Civil Suit is filed under Order IV, Rule 1 of O.S.Rules read with Order VII Rule 1 of CPC., (a) To pass preliminary decree for partition of 50% share in the plaint 'A' schedule properties by metes and bounds and appointment of Advocate Commissioner to effect division of the plaint "A" schedule properties by metes and bounds and allot 50% share in the plaint "A" schedule property and put the first plaintiff in possession of the same.
(b) To direct the defendants to render account for the amounts
withdrawn from the joint account in Post Bank (POSB) Tampanies in
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Singapore bearing A/C.No.064336967 and consequently, and direct the first
defendant to pay moiety of the amounts proved to be in joint account.
(c) To declare that the impugned Settlement Deed dated 20.08.2008 registered as Doc.No. 2998 of 2008 in the office of SRO, Kodambakkam executed by the first defendant in favour of second defendant is null and void and not binding on the plaintiffs.
(d) To declare the impugned Settlement Deed dated 26.09.2008 registered as Doc.No.5693 of 2008 within SRO, Tiruchirapalli, Joint Sub Registrar, (DRO Status) executed by the first defendant in favour of fourth defendant is null and void and not binding on the plaintiffs.
(e) For mandatory injunction directing the first defendant to pay a sum of Rs.10,000/- per month as maintainable to the second plaintiff from the date of plaint until she attains majority.
'A' Schedule and entire 'B' Schedule property for the arrears of maintenance payable to the second plaintiff.
(g) for costs of the suit.
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JUDGEMENT
When the case was taken up for hearing on 07.04.2022, there was no
representation for the plaintiff. Hence, the matter was directed to be posted today, under the caption “for dismissal”. Even today, there is no representation for the plaintiff either in person or through his counsel. Therefore, this Civil Suit is dismissed for non-prosecution. No costs.
18.04.2022
Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
Maria Doris
D.Danis Veron
P. Dominic Rexeline
Franklin Andrew
S. Pitchai
P. Veronica
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
