Madras High CourtOSA/432/2011dismissed as infructuous

K.C.Radhakrishnan v. Urmila Divakaran Deceased

2018-06-25Honourable Mr Justice M. Nirmal Kumar,Honourable Mr Justice M. Venugopal2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.06.2018 Coram THE HON'BLE MR.JUSTICE M.VENUGOPAL & THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR O.S.A.No.432 of 2011 and C.M.P.Nos.10507 to 10509 of 2018 and M.P.No.1 of 2011 K.C.Radhakrishnan ... Appellant/1st Defendants in C.S Vs.

1.Urmila Divakaran (Deceased) 2.Mr.Dinesh Divakaran ... Respondents/Plaintiffs 3.Mrs.Vasantha Ravindran (Deceased) 4.Mrs.Radha 5.Mr.Vivek Ravindran .. Respondents/Defendants 2 to 4 Appeal filed under Order XXXVI Rule 1 of O.S.Rules r/w Clause 15 of the Latters Patent against the judgment and decree passed by this Court in C.S.No.276 of 2009 dated 18.08.2011. Prayer in C.S.NO.276/2009:

Civil Suit filed under order VII Rule 1 of C.P.C read with order IV Rule 1 praying to pass preliminary decree for partition and separate possession of plaintiffs 1/3th share in the suit schedule property; that to pass a final decree by appointing a Advocate commissioner to divide the suit property by meet and bounds as per the preliminary decree; that to allot plaintiffs 1/3rd share so divided and put the plaintiff into possession of the same through court; that to determine the future mesne profit under order XX Rule 12 of C.P.C. and that to award the cost of the suit.

For Appellant : Mr.S.Vijayakumar For Respondents : Mr.T.V.Vineeth Kumar for R2 https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Judgment of the Court was made by M.VENUGOPAL, J.) The learned counsel for the appellant has made an endorsement in the present Original Side Appeal to the effect that "in terms of the proceedings initiated in O.P.No.905 of 2017, this appeal as well as applications have become infructuous".

2. Recording the aforesaid fact and the endorsement so made, the present O.S.A.No.432 of 2011 is dismissed as infructuous one. Likewise, C.M.P.Nos.10507 to 10509 of 2018 and M.P.No.1 of 2011 are also dismissed as infructuous. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsm to:

The Sub Assistant Registrar, Original Side, High court, Madras.

+1cc to Mr.T.V.Vineeth Kumar, Advocate sr.no.40749 +1cc to M/s.G.Chandrasekar, Advocate sr.no.40337 O.S.A.No.432 of 2011 skv(co) nr 05/07/2018 https://hcservices.ecourts.gov.in/hcservices/