Aishwarya Ramji v. Ashwathnarayan Ramji
Case brief
What is this about?
In a suit for partition of immovable property between sister and brother, the Court set aside an ex parte order. Both parties agreed on asset division via a plan. The Court passed a final decree allotting 84% share to the plaintiff and 16% to the defendant, with specific conditions regarding bore well access.
What did the court decide?
Final decree passed for partition; 84% share (3727.50 sq.ft.) to Plaintiff; 16% share (710 sq.ft.) to Defendant; One month time granted to deposit non-judicial stamp papers for engrossing decree.
What the court decided
C.S.No.116 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.12.2023
CORAM
THE HON`BLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.116 of 2023 A.No.6855 of 2023
Aishwarya Ramji .. Plaintiff
Versus
Ashwathnarayan Ramji .. Defendant
Prayer in C.S.No.116 of 2023: Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure, to pass a judgment and decree to:
- a) divide the immovable properties described in schedule A as per the shares held by the plaintiff and defendant, i.e., 84% and 16% respectively by metes and bounds with reference to good and bad soil and allot 84% share to the plaintiff;
Issues for consideration
2 issues framed by the court
Whether the application to set aside the ex parte order against the defendant needs to be allowed.
Whether the final decree for partition of properties can be passed based on the parties' agreement and plan.
Coram
N Sathish Kumar
Case details
As recorded by the court registry
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