Smt. G.Anita Reddy v. S.L.Rajiv Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2021

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE and A.No.4695 of 2012 G.Anita Reddy W/o.G.R.K.Reddy ... Plaintiff Vs.

1.S.I.Rajiv Reddy 2.N.Aruna Reddy ... Defendants Prayer:

The Civil Suit has been filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of C.P.C. 1908, praying a) To declare that the Plaintiff is the owner of 1/3rd share each in respect of suit schedule properties along with the 1st and 2nd defendants who also shall have 1/3rd share in the suit schedule mentioned properties. b) To pass a final decree for division of the properties after determining the share of each party that the Plaintiff and Defendants and allot 1/3rd share each to the Plaintiff and Defendants by appointing an Advocate Commissioner and take inventory and distribute the same by metes and bounds apart from division of movable properties between the Plaintiff and Defendants.

c)The Plaintiff submits that the 1st Defendant kept all the valuable

documents, movable properties and other essential valuable information relating to title deeds of the properties and description of the properties and due to the above reasons, the Plaintiff for the present is not able to give the boundaries, survey numbers, extent and other details of the properties. The Plaintiff is taking an application in the suit. d) Directing against the 1st defendant to furnish all the particulars relating to these properties and on such information obtained from the 1st Defendant, the Plaintiff may be given liberty to place correct particulars of the properties in the Plaint. The Plaintiff seeking such indulgence from this Court in view of the above situation and circumstances.

e) For a Permanent Injunction restraining the 1st defendant, his agents or servants or from any one in dealing with the suit schedule properties or changing the characteristic of the properties ie. movable or immovables, including title deeds and documents by the 1st defendant in respect of the share of the Plaintiff in respect of her share f) Directing the payment of the cost of the suit to the Plaintiff from and out of the estate to be partitioned as may be fixed by the Court.

JUDGMENT

(This case has been heard through video conference) The plaintiff is not represented by any counsel and his name is repeatedly printed in the cause list. Even though this Court is required to extend some reasonable accommodation to the plaintiff in view of the ongoing Pandemic situation, still it is the responsibility of the party to follow his case. This apart, even Pandemic situation in Tamilnadu has considerably improved and many of the restrictions imposed by the Government have now been relaxed. It is apparent that the plaintiff is not following the case which implies he is not keen in prosecuting the case. 2.This Civil suit stands dismissed for default accordingly. Consequently, the connected application is also closed. No costs. 26.07.2021 kas Index : yes / no Internet : yes / no Speaking / non speaking

N.SESHASAYEE kas and A.No.4695 of 2012 26.08.2021