John Premkumar, Managing Trustee, Eternal Word Trust v. Vimala Jacob And 3 Others

A.No.1453 of 2024 in C.S.No.160 of 2022 K.KUMARESH BABU,J.

The present Application had been filed to modify the order dated 10.01.2025 passed in Application No.5755 of 2024 in C.S.No.160 of 2022.

2.Heard both sides.

3.The case of the applicant is that since the property is litigatious, she is unable to find a prospective tenant and therefore would seek modification of the order dated 10.01.2025, which would enable her to identify a prospective tenant.

4. Considering the difficulties faced by the learned counsel appearing for the applicant, this Court permits the applicant to deal with the third parties for identifying the prospective tenant, who is willing to take the property on lease, since the Suit is for a partition of the Suit Scheduled properties and if the premises is left vacant, it would not benefit either of the parties. Therefore, this Court is of the view that the property should be put to beneficial use of the respective parties only for such reason the order dated 10.01.2025, is modified as supra.

5.Accordingly, the Application is allowed.

https://www.mhc.tn.gov.in/judis Gba 19.03.2025 Page No. 1 of 1