Mr.T.Sivaprakasam v. Mr.T.Viswesiah and Another
Case brief
What is this about?
Madras High Court common order dated 16-04-2026; Application Nos. 461 and 462 of 2024 in C.S. No. 769 of 2013; partition suit; final decree by metes and bounds; 1/2 share; mesne profits Rs. 25,000 per month; applications dismissed as infructuous; ex parte preliminary decree dated 02.11.2022 in Tr.C.S.No.769 of 2013 set aside on 28.10.2024 in A.No.5546 of 2024; Order XIV Rule 8 of Original Side Rules; Order XX Rule 12 of C.P.C.; applicant Mr.T.Sivaprakasam; respondents Mr.T.Viswesiah and Mr.T.Subramaniam (deceased); Dr. Justice A.D. Maria Clete; counsel N. Kishore Kumar and P. Paramasivadoss.
What did the court decide?
Application No. 461 of 2024 (direction to pay mesne profits of Rs.25,000/- per month towards the plaintiff's 1/2 share) is dismissed as infructuous, the court acting on both parties' submission that the prayer had become infructuous as the related ex parte preliminary decree had been set aside on 28.10.2024.