The High Court dismissed a partition suit filed by a deceased plaintiff, where notices to legal representatives returned unserved, noting a 22-year delay and lack of interest from representatives.
Suit dismissed for default; no costs.
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.
C.S.No.370 of 2000
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.S.No.370 of 2000
M.Meganathan ... Plaintiff
vs
1.M.Neelakandan
2.Dhanalakshmi ... Defendants
Prayer: Civil Suit is filed under Order XXV Rule 1 of the Original Side Rules and Order VII Rule 1 of the Civil Procedure Code, praying to pass a judgement and preliminary decree against the defendants, to direct the defendants to divide the suit properties by metes and bounds and place the plaintiff in possession of his 1/3rd share in the suit properties, more fully described in the schedule hereunder, to grant permanent injunction restraining the defendants, their men, agents, servants or anybody claiming through them from in any manner dealing with the suit properties viz., sale, lease, mortgage, altering physical feasures or in any manner encumbering prejudicial to the interest of the plaintiff or interfering with the peaceful possession and enjoyment of the property and for other reliefs.
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C.S.No.370 of 2000
For Plaintiff : Ms.R.V.Gayatri for Mr.P.B.Ramanujam
ORDER
The Civil Suit is filed by plaintiff seeking relief of partition of his 1/3rd share in the suit properties by metes and bounds and place the plaintiff in possession of his 1/3rd share in the suit properties, more fully described in the schedule hereunder, to grant permanent injunction restraining the defendants, their men, agents, servants or anybody claiming through them from in any manner dealing with the suit properties viz., sale, lease, mortgage, altering physical feasures or in any manner encumbering prejudicial to the interest of the plaintiff or interfering with the peaceful possession and enjoyment of the property and for other reliefs.
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C.S.No.370 of 2000
costs.
08.12.2022
Index : Yes / No Speaking Order : Yes / No dm
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C.S.No.370 of 2000
S.SOUNTHAR, J.
dm
C.S.No.370 of 2000
08.12.2022
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1 issue framed by the court
Whether an interest in the plaintiff's share devolved to legal representatives who showed no interest in pursuing the suit.
2 provisions across 2 enactments
M.Meganathan
M.Neelakandan
Dhanalakshmi
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
