Balabaskar v. Kasthuri @ Thilagavathi

in A.S.No.163 of 2016 M.SUNDAR, J and K.GOVINDARAJAN THILAKAVADI, J (Order of the Court was made by M.SUNDAR, J) This order has to be read in conjunction with and in continuation of separate proceedings made in main AS today, which reads as follows: 'Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 12.12.2023 and 03.01.2024, which read as follows:

'Proceedings dated 12.12.2023 1/8

Proceedings dated 03.01.2024 2/8

2. 'Captioned main appeal' ['AS' for the sake of convenience and clarity] is a regular First Appeal under Section 96 of 'The Code of Civil Procedure, 1908' [hereinafter 'CPC' for the sake of brevity] and the same arises out of a partition suit being O.S.No.129 of 2011 on the file of 'Principal District Judge's Court, Cuddalore' [hereinafter 'said Trial Court' for the sake of convenience and clarity]. After full contest, said Trial Court passed a preliminary decree of partition, after which, D1, D3 and D4 preferred captioned AS. Pending AS, sole plaintiff in the Trial Court, who is R1 before this Court died and her legal heirs have been brought on record. 3/8

One of her legal heirs R4 [V.Sai Prasath] died thereafter and his wife has been brought on record as R7.

3. Today, Ms.S.Radha Gopalan, learned counsel for appellants is before us on the 'Video Conferencing' ('VC' for the sake of brevity) platform, Mr.K.A.Ravindran, learned counsel for R3, R5 and R6 and Ms.B.Pooshitha Mridhula, learned counsel representing Mr.R.Krishnasamy, counsel on record for R7 are before us. To be noted, this is a hybrid hearing, which is a regular, routine/daily feature in this Court. As regards R2 [Ramu, Son of Dhanapal], cause list shows that he has been duly served and name of R2 is duly shown in the cause list but there is no representation.

4. Be that as it may, Mr.K.A.Ravindran has come by way of change of vakalat from Ms.R.Meenal and therefore, Registry to not to show the name of Ms.R.Meenal from the next listing.

5. Learned counsel for appellants and learned counsel for respondents 3, 5 and 6 are ready. Learned counsel representing the counsel on record for R7 requests for an adjournment stating that counsel for R7 is in difficulty. Request for time acceded to.

6. List a fortnight hence. List on 26.02.2024.'

2. Aforementioned proceedings are telltale qua the trajectory the matter has taken before this Court. The above mentioned proceedings also capture essential facts imperative for appreciating this order and therefore, we are not dilating on the same further. In other words, we are not setting out the same again. Be that as it may, in the captioned 'Civil Miscellaneous Petition' ['CMP' 4/8

for the sake of convenience and clarity], Hon'ble predecessor Bench has made an interim order on 11.02.2016 and a scanned reproduction of the same is as follows:

5/8

3. Considering the trajectory the matter has taken, taking into account the position that the appeal arises out of a partition suit, we deem it appropriate to make the aforementioned interim stay absolute and give a closure to the captioned CMP albeit with a rider (to be noted, rider for the sake of abundant clarity) that all proceedings except passing of final decree can go on.

4. Captioned CMP disposed of in the aforesaid manner. There shall be no 6/8

order as to costs.

[M.S. J.,] [K.G.T., J] 12.02.2024 (2/2) kmi 7/8

M.SUNDAR, J and K.GOVINDARAJAN THILAKAVADI, J kmi in A.S.No.163 of 2016 12.02.2024 (2/2) 8/8