T.Sumathi v. Nedumaran

1 Tr.C.S.No.830 of 2017

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2023

CORAM

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.S.No.830 of 2017

1. T. Sumathi,

2. R. Mythili,

3. G. Sangeetha,

4. S. Thamaraiselvi,

5. Gnanaselvi, 6.M. Saiselvam ...Plaintiffs .Vs.

1.Nedumaran,

2. Anandakumar, 3.Ramamurthi, 4.Raji, 5.Anand, 6.Jawahar, 7.Johnson, 8.Damodaran ... Defendants Prayer:

Plaint filed under Order VII Rule 1 of the CPC, 1908 read with Order IV Rule 1 of the Original Side, 1957 praying for a judgment and decree as follows:-

2 Tr.C.S.No.830 of 2017 a) for Partition of the property given in the schedule of the suit in 1/8th share to each of the plaintiffs herein by dividing the same in mets and bounds in accordance to the entitlement to entrust the said property in possession of the plaintiffs herein:

b) To direct the 2nd defendant to pay the sum of Rs.6,660/- the mesne profits from the date of demise of Late Manickam till the date of filing of this suit.

c)To direct the 2nd defendant to pay the future mesne profit accrued in the suit till the partition being affected and the plaintiffs were put in possession of respective shares.

d) To award the costs of the suit and, e) To pass such other orders:

For Plaintiff : No Appearance For Defendants : Mr. S.Krishnasamy for R-2 ********

3 Tr.C.S.No.830 of 2017

J U D G M E N T

On the earlier occasion, there was no representation for the plaintiffs and hence, the Registry was directed to list the matter under the caption "for dismissal" on 28.08.2023. Despite the same, even today, ie. 28.08.2023, there is no representation for the plaintiffs and therefore, the Suit is dismissed for non prosecution. Consequently, connected Miscellaneous Petition is also closed if any. No costs. 28.08.2023 Lbm Index : No Internet : Yes Speaking order

4 Tr.C.S.No.830 of 2017 A.A.NAKKIRAN.,J Lbm C.S.No.830 of 2017 28.08.2023