S.Kumarasamy v. S.Vetrivelan

A.No.1865 of 2024 in C.S.No.74 of 2024 C.V.KARTHIKEYAN, J.

This application has been taken out in the suit, which had been filed seeking preliminary decree for partition into two equal shares of the suit property which is situated at Aminjikarai within the jurisdiction of this Court. The property measures 1 ground and 480 sq.ft. There is also superstructure. This application has been filed seeking a direction against the defendant to hand over the duplicate keys of the said property. 2.It is contended by the learned counsel for the plaintiff that there are certain articles belonging to the plaintiff, which are now kept in the said property.

3.I am not able to understand the rationale of locking the building, in which the defendant is residing. Even in the long cause title, the defendant is described as residing in the suit schedule property. The defendant cannot be called up to handover the key of the property, in which he is residing. If the defendant wants to go out of station, then the issue would be as to how the doors would be locked in the absence of the key with the defendant. 4.Let the plaintiff concentrate on getting the partition of the property and if he has any movables in the said property, then he may approach the Court seeking a direction to remove all the moveables under the supervision of the https://www.mhc.tn.gov.in/judis Court, but the key of the property cannot be deposited or retained in the Court.

C.V.KARTHIKEYAN, J.

smv 5.Observing as above, I am not inclined to grant the relief sought. Accordingly, the application stands dismissed with liberty to the plaintiff to file further appropriate application.

18.06.2024 smv A.No.1865 of 2024 in C.S.No.74 of 2024 https://www.mhc.tn.gov.in/judis