Single judge court allowed an application dispensing with the requirement of issuing Section 80 CPC notice to the tenth respondent in a partition suit due to the urgency arising from alienation of suit properties.
Dispensation with the issuance of notice under Section 80 CPC to the tenth respondent.
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A.No.495 of 2023
A.No.495 of 2023 in C.S.No.D134258 of 2022
SENTHILKUMAR RAMAMOORTHY, J.
In a suit for partition, separate possession, declaratory and injunctive relief, the applicant seeks to dispense with the Section 80 CPC notice to the tenth respondent. In the affidavit in support, it is stated that the respondents have already alienated or encumbered the suit schedule properties and it is likely that they will continue to do so. Therefore, the urgency. It is further stated that the suit is primarily directed at the private party defendants. In the circumstances, this application is allowed and the issuance of notice under Section 80 CPC to the tenth respondent is dispensed with.
01.02.2023
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A.No.495 of 2023
SENTHILKUMAR RAMAMOORTHY, J.
rna
A.No.495 of 2023 in C.S.No.D134258 of 2022
01.02.2023
2/2
1 issue framed by the court
Whether the issuance of notice under Section 80 CPC must be dispensed with when respondents have alienated or encumbered the suit properties.
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
