Sri Vidhya K.Arjun v. R.Subbulakshmi (Deceased)

Application No.379 of 2023 in O.P.No.40 of 2019 KRISHNAN RAMASAMY, J.

This Application has been filed for striking out the name of the applicant herein from the above O.P.No.40 of 2019.

2. The learned counsel for applicant submitted that the applicant's father was the Kartha of a Hindu Undivided Family (HUF) and the applicant along with respondents 9 to 11 were coparceners thereof. Among other assets, the said HUF held 20% shares in M/s.Dinamalar, a partnership firm, which involves in the business of publishing "Dinamalar" newspaper. He further submitted that in the intervening period, the said HUF has been partitioned between inter alia the applicant and respondents 8 to 11 and dissolved. Then, in terms of partition of said HUF, the applicant herein has relinquished all right, title, interests and claims in 20% shares held by the said HUF in M/s.Dinamalar, in favour of the respondents 9 & 11, with effect from 17.11.2022. Hence, the applicant is no longer a necessary party to the above O.P.No.40 of 2019.

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3. The learned counsels who are appearing for the respective respondents submitted that they have no objection to this application being allowed.

4. Considering the fact that the applicant has relinquished all right, title, interests and claims in 20% shares held by HUF in M/s.Dinamalar, in favour of the respondents 9 & 11, this Court is inclined to accept the plea of the applicant that she is not a necessary party to the above O.P.No.40 of 2019 and allow this Application. Accordingly, this Application is allowed and the Registry is directed to delete the name of applicant from O.P.No.40 of 2019 and list O.P.No.40 of 2019 on 07.02.2023. 01.02.2023 mrr 2/3

KRISHNAN RAMASAMY, J.

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