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2024 DAILYLAW 3202 (MAD)

S. Kamatchi v. M. Vijaya and 2 others

A/6037/2024 · 2026-04-02

A D Maria Clete

Transfer Petitionbody2024

Judgment text

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A.No.6037 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 6037 of 2024 1. S. Kamatchi W/o.Srinivasan, D/o.Muthukaruppan, Residing at No.41/75, Vannier Street, Kodambakkam, Chennai 600 024. 2. Mrs.Muthukamakshi W/o.Bharathi Mohan, D/o.Muthukaruppan, Residing at No.18A, Vaikum Gardens, Chellammal Nagar, Noombal, Chennai 600 077. ..Applicant(s) Vs 1. M. Vijaya and 2 others W/o.Late Muthukaruppan 2. Srinivasan S/o.Muthukaruppan, Both R1 and R2 are residing at No.9/3, Singara Garden, III Lane, Old Washermenpet, Chennai 600 021. 3. Rajeshwari W/o.Rajeshkumar, No.9/5, Apparswamy Koil Street, (Opp to Thiruvalluvar Statue) Mylapore, Chennai 600 004. ..Respondent(s) To pass an order directing the Respondents to deposit the Applicants 2/5th share which is a sum of Rs.50,000/- every month from the total rental amount of Rs.1,25,000/- arising from the suit C Scheduled property before this Honble 1/4 https://www.mhc.tn.gov.in/judis A.No.6037 of 2024 Court, pending disposal of the suit. For Applicant(s): M/S.K. Venkateswaran M.Premkumar S.Ambika V.Sathish Kumar V.K.Kavin Ph: 9841423319, 720059292 For Respondent(s): ORDER Heard. 2. This Application has been filed seeking a direction to the respondents/defendants to deposit, pending disposal of the suit, the applicants’ alleged 2/5 share in the rental income from the C-schedule property, quantified at Rs.50,000/- per month out of the alleged total monthly rent of Rs.1,25,000/-. 3. The suit is one for partition and separate possession. Though the applicants seek the above interim direction, the application is bereft of material particulars. No particulars have been furnished regarding the tenants in occupation, the extent of their occupation, the rent allegedly paid by each of them, or the basis on which the total monthly rental income is quantified at Rs.1,25,000/-. 4. In the absence of such particulars, this Court is not inclined to grant the interim direction sought for. The question as to whether any amount is being 2/4 https://www.mhc.tn.gov.in/judis A.No.6037 of 2024 realised by way of rent, and the entitlement of the applicants, if any, thereto, can be determined at the appropriate stage in the context of rendition of accounts/mesne profits. 5. Hence, this Application is dismissed. No costs. 02-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AY 3/4 https://www.mhc.tn.gov.in/judis A.No.6037 of 2024 DR.A.D.MARIA CLETE, J. AY A No. 6037 of 2024 02-04-2026 4/4 https://www.mhc.tn.gov.in/judis