A No. 461 of 2024 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE Application Nos. 461 and 462 of 2024 in CS No. 769 of 2013 Mr.T.Sivaprakasam ..Applicant in both applications Vs 1. Mr.T.Viswesiah 2. Mr.T.Subramaniam (Deceased) .Respondents in both applications . Prayer in A No. 461 of 2024: Application filed under Order XIV, Rule 8 of Original Side Rules and Order XX, Rule 12 of C.P.C. to pass an order directing the Respondent/ Defendant to pay a sum of Rs.25,000/- per month as mesne profits towards Applicant/Plaintiff 1/2 share from the date of filing of the suit till date of handing over property to the Applicant/Plaintiff. Prayer in A No. 462 of 2024: Application filed under Order XIV, Rule 8 of Original Side Rules and Order XX, Rule 12 of C.P.C. to pass a final decree dividing the suit property by metes and bounds into 1/2 share and 1/2 share and allot 1/2 share of property to the Applicant/Plaintiff. For Applicant(s): Mr.N.Kishore Kumar For Respondent(s): Mr.P.Paramasivadoss https://www.mhc.tn.gov.in/judis A No. 461 of 2024 __________ Page2 of 4 COMMON ORDER The Application No.461 of 2024 has been filed seeking direction to the Respondent/Defendant to pay a sum of Rs.25,000/- per month as mesne profits towards Applicant/Plaintiff 1/2 share from the date of filing of the suit till date of handing over property to the Applicant/Plaintiff. 2. The Application No.462 of 2024 has been filed seeking to pass a final decree dividing the suit property by metes and bounds into 1/2 share and 1/2 share and allot 1/2 share of property to the Applicant/Plaintiff. 3. Heard the learned counsel for the applicant and the learned counsel for the respondents. 4. It is submitted by both parties that the prayer in both the Application Nos.461 and 462 of 2024 has become infrucutous as the applications related to the ex parte preliminary decree passed by this Court on 02.11.2022 in Tr.C.S.No.769 of 2013 and the said judgment was subsequently set aside by this Court on 28.10.2024 in A.No.5546 of 2024 in C.S.No.769 of 2013. https://www.mhc.tn.gov.in/judis A No. 461 of 2024 __________ Page3 of 4 5. Considering the above submission, both the applications are dismissed as infructuous. No costs. 16-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SRM https://www.mhc.tn.gov.in/judis A No. 461 of 2024 __________ Page4 of 4 DR.A.D.MARIA CLETE, J. SRM Application Nos. 461 and 462 of 2024 IN C.S. No. 769 of 2013 16-04-2026 https://www.mhc.tn.gov.in/judis