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Madras High CourtCS/122/2019dismissed for nonprosecution

Amudha v. Deivanai

2023-11-10Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.Amudha 2.Megala 3.Geetha ..

Plaintiffs

Versus

1.Deivanai 2.J.Murali ..

Defendants PRAYER: Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of Civil Procedure Code praying for the judgment and decree against the defendants as follows:

(a) A preliminary decree of partition and separate possession of 1/4th share in the schedule properties be effected and divided and allotted to each plaintiffs;

(b) A final decree by appointing Advocate Commissioner to divide the schedule properties by metes and bounds and allotted the respective shares to plaintiffs and second defendant; 1/3

(c) Direct the second defendant to pay the mesne profits (rents and lease considerations) in respect of schedule properties from October 1994 till date and disburse the 1/4th share to plaintiffs each; (d)Permanent injunction against defendants to create any sort of encumbrance over the schedule properties;

(e)To pay the cost of the suit.

For Plaintiffs :

No appearance For Defendants :

No appearance

J U D G M E N T

Despite the matter has been posted under the caption "for dismissal" none appeared for the parties. Hence, the Suit is dismissed for non-prosecution. No costs.

10.11.2023 TK 2/3

N.SATHISH KUMAR, J.

TK 10.11.2023 3/3