P.Sarojadevi @ P.Hemalatha v. Y.Doraisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023

CORAM

THE HONOURABLE MR JUSTICE A.A.NAKKIRAN C.S. No.400 of 2004 P. Sarojadevi @ P. Hemalatha ...Plaintiff vs

1. Y. Doraisamy

2. Y. Kamalamma

3. B. Subbarathnamma

4. K. Lalitha

5. V. Krishnaveni

6. R. Padmavathi ..Defendants Prayer: Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of the Civil Procedure Code prays for a) granting a preliminary decree for partition and separate possession of schedule mentioned properties into 7 equal shares and allot one such share to the plaintiff by metes and bounds, taking into account the good and bad soil and all other relevant factors by appointing an Advocate Commissioner, or by any other mode;

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(ii) directing the 1st defendant to render true and proper accounts of the income from the suit properties from 05.06.2001 onwards, within a time limit fixed by this court and direct the 1st defendant to pay the plaintiff 1/7th share of the net income therefor after accounting the same and (iii) directing the 1st defendant to pay the cost of the suit. For Plaintiff : No appearance For Defendants : Mr.P.Dineshkumar

J U D G M E N T

On 06.06.2023 when the matter was taken up for hearing, it was represented by the learned counsel for the plaintiff that the sole plaintiff died.

2. Despite several opportunities are given, the learned counsel for the plaintiff has not taken any steps to bring the legal heirs of the deceased plaintiff on record till now.

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3. In view of the above, this Civil Suit is dismissed as abated. No costs.

07.11.2023 (3/3) Internet: Yes/no gv 3/4

A.A.NAKKIRAN,J.

gv C.S. No.400 of 2004 07.11.2023 (3/3) 4/4