Mr.Arun Rajkumar Fredrick v. S.James Fredrick And 2 Others

A NO. 5113 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-01-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN A NO. 5113 of 2024 IN CS NO. 96 OF 2024 Mr.Arun Rajkumar Fredrick S/o S.JAmes Fredrick, No.11, Harleys road, the Nook, Kilpauk, Chennai - 10, Applicant(s) Vs S.James Fredrick and 2 others Maturhai Apt. 5/42, 3rd Floor 13th avenue, Harrington road, Chetpet - 600 031. and 2 Others Respondent(s) For Applicant(s):

Mr. C.R. Prasanna For M/s.B. Manimaran For Respondent(s):

Mr.V.Raghvachari, Sr.Counsel for Mr.Abhinav Parthasarathy

ORDER

The application is filed to strike out the pleadings made in paragraphs 5, 6 and 7 of the plaint in C.S.No.96 of 2024. The property held by the wife, claimed by the petitioner /plaintiff, was purchased out his funds. Since there is apparently no fiduciary relationship with the wife, this cannot per se be held as the case of the plaintiff, as prayed, contrary to the benami claim. Hence the DR.G.JAYACHANDRAN, J.

https://www.mhc.tn.gov.in/judis 1/2

rpl pleadings cannot be struck out. However, the averments made ought to have a positive basis, which will be pertinent to the plaintiff. Therefore, this application is dismissed.

10-01-2025 To

1. S.James Fredrick and 2 others Maturhai Apt. 5/42, 3rd Floor 13th avenue, Harrington road, Chetpet - 600 031.

2. Mr.Anand Pradeepkumar Fredrick S/o James S.Fredick No.12, Harleys Road, Kilpauk, Chennai 10

3. Mrs.Anita Mathew W/o Sebastian Mathew No.11, HArleys Road, The Nook, Kilpauk, Chennai 10 A NO. 5113 of 2024 in CS NO. 96 OF 2024 https://www.mhc.tn.gov.in/judis 2/2