Madras High Court
S.Manjula vs V.Sridevi on 10 November, 2023
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.NO.251 OF 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.S.NO.251 OF 2022
AND
A.NO.5400 OF 2022
S.Manjula .. Plaintiff
Versus
1.V.Sridevi
2.V.Tejaswani (Minor)
D/o.Late Vijay Shankar
Represented by her mother
Mrs.V.Sridevi (Natural Guardian)
3.V.Sanchita (Minor)
D/o.Late Vijay Shankar
Represented by her mother
Mrs.V.Sridevi (Natural Guardian) .. 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:
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C.S.NO.251 OF 2022
(a) For partition of the suit schedule property, fixed deposits,
bank balances, gold jewels and silver articles and insurance into 2 share
equally share and allot 1 share to the plaintiff;
(b) For a consequential relief of permanent injunction restraining
the defendants 1 to 3 from dealing with any portion of the suit schedule
properties, bank balance, fixed deposits, gold jewels, silver articles and
insurance either by alienating, mortgaging the same;
(c) Awarding the cost of the suit.
For Plaintiff : Mr.U.S.Rammohan
For Defendants : Exparte
JUDGMENT
This Suit has been filed for partition of the Suit schedule properties into 2 equal shares and allot 1 share to the plaintiff.
2.It is the case of the plaintiff that the Suit schedule properties were purchased by the plaintiff's father and mother and after their death, the plaintiff and her only brother namely S.Vijayshankar are equally entitled. The plaintiff's brother also died on 04.05.2021 leaving behind him the defendants as his legal heirs. Hence, the plaintiff has claimed partition of the Suit schedule properties. However, the defendants did not accept it. Therefore, the 2/8 https://www.mhc.tn.gov.in/judis C.S.NO.251 OF 2022 plaintiff seeks partition in respect of the movable and immovable properties set out in the in the plaint schedule.
3.The defendants, despite service of notice, remained exparte and has not filed written statement and hence, set exparte.
4.On the side of the plaintiff, the plaintiff examined herself as P.W.1 and Exs-P.1 to P.42 were marked.
5.The documents Exs-P.5, P.6 and P.7 are filed to prove the death of the plaintiff's father, mother and brother; Exs-P.8 and P.9 are the legal heir certificate of the plaintiff's parents; Exs-P.10 to P.16 are filed to prove the title in the names of the parents of the plaintiff; Exs-P.17 to P.38 are filed to show the various deposits left by the parents of the plaintiff; Ex-
P.39 is the LIC policy of the plaintiff's father. The evidence of P.W.1 remains unchallenged and the relationship also clearly established. From the evidence of P.W.1 and the documents produced before this Court the plaintiff has established his case for claiming partition.
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6.Accordingly, a preliminary decree is passed for partition of the Suit schedule properties left by the parents of the plaintiff into two equal shares and allot one such share to the plaintiff and the defendants are entitled to the remaining one share and their share will be allotted on payment of Court Fee as required under law. Considering the relationship between the parties, there shall be no order as to cost. Consequently, connected application is closed.
7.In the result, the Suit is decreed.
10.11.2023 TK 4/8 https://www.mhc.tn.gov.in/judis C.S.NO.251 OF 2022 LIST OF WITNESSES EXAMINED ON THE SIDE OF THE PLAINTIFF P.W.1 – Ms.S.Manjula LIST OF DOCUMENTS MARKED ON THE SIDE OF THE PLAINTIFF Sl.No. Exhibits Description of documents Date 1 P-1 Aadhar card of plaintiff -
2 P-2 Aadhar card of plaintiff's father - 3 P-3 Aadhar card of plaintiff's mother - 4 P-4 Aadhar card of S.Vijaya Shankar -
5 P-5 Death certificate of plaintiff's father M.Srinivasan 29.06.2021 6 P-6 Death certificate of plaintiff's mother Mrs.Vijayalakshmi 13.07.2021 7 P-7 Death certificate of S.Vijayashankar 17.05.2021 8 P-8 Legal certificate of plaintiff's father M.Srinivasan 30.06.2021 9 P-9 Legal certificate of plaintiff's mother Mrs.Vijayalakshmi 25.11.2021 10 P-10 Certified copy of property document No.2575/1981 12.06.1981 11 P-11 Certified copy of property document No.2576/1981 12.06.1981 12 P-12 Certified copy of property document No.2768/1986 24.07.1986 13 P-13 Certified copy of property document No.3424/2002 04.04.2002 14 P-14 Certified copy of property document No.3512/2000 16.06.2000 15 P-15 Certified copy of property document No.3117/1984 05.09.1984 16 P-16 Certified copy of property document No.9579/2011 14.10.2011 17 P-17 Xerox copy deposit receipt of F.D. Axis Bank -
No.919040076515528 of plaintiff's father 18 P-18 Xerox copy of deposit receipt of the F.C. T.N.S.C.Bank -
No.715509493 of plaintiff's father 19 P-19 Xerox copy of deposit receipt of F.D. Indian Bank -
No.0905149 of plaintiff's father 20 P-20 Xerox copy of deposit receipt of F.D. U.B.I.No.384458 -
5/8https://www.mhc.tn.gov.in/judis C.S.NO.251 OF 2022 Sl.No. Exhibits Description of documents Date of plaintiff's mother 21 P-21 Xerox copy of deposit receipt of F.D. -
S.B.I.No.870705154-7 of plaintiff's mother 22 P-22 Xerox copy of deposit receipt of F.D. Indian Bank -
No.0132295 of plaintiff's mother 23 P-23 Xerox copy of deposit receipt of F.D. Indian Bank -
No.0132573 of plaintiff's mother 24 P-24 Xerox copy of deposit receipt of F.D. Indian Bank -
No.0132294 of plaintiff's mother 25 P-25 Xerox copy of deposit receipt of F.D. Indian Bank -
No.0131167 of plaintiff's mother 26 P-26 Xerox copy of deposit receipt of F.D. Indian Bank -
No.0477144 of plaintiff's mother 27 P-27 Xerox copy of deposit receipt of F.D. Indian Bank -
No.0307252 of plaintiff's mother 28 P-28 Xerox copy of deposit receipt of F.D. Indian Bank -
No.0217796 of plaintiff's mother 29 P-29 Xerox copy of deposit receipt of F.D. I.O.B.No.0119756 -
of plaintiff's mother 30 P-30 Xerox copy of deposit receipt of F.D. I.O.B.No.0648516 -
of plaintiff's mother 31 P-31 Xerox copy of deposit receipt of F.D. I.O.B.No.0119755 -
of plaintiff's mother 32 P-32 Xerox copy of deposit receipt of F.D. I.O.B.No.0486825 -
of plaintiff's mother 33 P-33 Xerox copy of the passbook of Indian Bank -
No.445438685 of plaintiff's mother 34 P-34 Xerox copy of the passbook of Union Bank -
No.579902010005615 of plaintiff's mother 35 P-35 Xerox copy of the passbook of Indian Overseas Bank -
No.189301000000725 of plaintiff's mother 36 P-36 Xerox copy of the passbook of Axis Bank -
No.016010100918572 of plaintiff's father 6/8 https://www.mhc.tn.gov.in/judis C.S.NO.251 OF 2022 Sl.No. Exhibits Description of documents Date 37 P-37 Xerox copy of the passbook of T.N.S.C.Bank -
No.213015993 of plaintiff's father 38 P-38 Xerox copy of the passbook of Indian Bank -
No.445465290 of plaintiff's father 39 P-39 Xerox copy of the LIC Policy No.717221572 of -
plaintiff's father 40 P-40 Xerox copy of the lawyer notice behalf of the plaintiff 14.03.2022 41 P-41 Acknowledgments cards (2 Nos.) - 42 P-42 Reply notice received by plaintiff side 12.04.2022 LIST OF WITNESSES EXAMINED ON THE SIDE OF THE DEFENDANTS - NIL 10.11.2023 7/8 https://www.mhc.tn.gov.in/judis C.S.NO.251 OF 2022 N.SATHISH KUMAR, J.
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