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Madras High CourtA/386/2023allowed

Srividhya K.Arjun, v. R.Raghavan (Deceased)

2023-02-01Honourable Mr Justice Krishnan Ramasamy3 pages

Application No.386 of 2023 in O.P.No.122 of 2014 KRISHNAN RAMASAMY, J.

This Application has been filed for striking out the name of the applicant herein from the above O.P.No.122 of 2014.

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 10 to 12 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 9 to 12 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 10 and 12, with effect from 17.11.2022. Hence, the applicant is no longer a necessary party to the above O.P.No.122 of 2014.

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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.122 of 2014 and allow this Application. Accordingly, this Application is allowed and the Registry is directed to delete the name of applicant from O.P.No.122 of 2014 and list O.P.No.122 of 2014 on 07.02.2023. 01.02.2023 mrr 2/3

KRISHNAN RAMASAMY, J.

mrr Application No.386 of 2023 in O.P.No.122 of 2014 01.02.2023 3/3