K BHANUMATHI Vs. KUPPUSAMY

JUDGEMENT

(1.) THESE appeals arise out of the common order in O.A.Nos.1117 and 1118 of 2009 in C.S.No.956 of 2009 dated 24.11.2010 whereby the learned single Judge declined to appoint Receiver and directed the Respondents-Defendants to deposit Rs.1,00,000/- for every year till the disposal of the suit to the credit of C.S.No.956 of 2009. Plaintiffs are the Appellants.

(2.) BRIEF facts are that Appellants-Plaintiffs have filed the suit for partition of the suit properties into two shares and to allot one share to them and to pass a preliminary decree. Appellants-Plaintiffs and Respondents-Defendants are related as under:- Kuppusamy[D1] = Kanna Bai [D2] | --------------------------------------------------------------------- | | | Bhanumathi[P1] Devaraj [D3] Ethiraj [D4] =Krishnamoorthy (died on 17.9.2003) | ----------------------------------- | | | K.GovardhanaS.Revathi V.Bharathi @ Balaji [P2] [P3] [P4]

(3.) RESPONDENTS-Defendants have resisted the applications contending that the suit itself is not maintainable for want of cause of action. Though the Plaintiffs have pleaded that the suit properties belong to the partnership firms, Plaintiffs have not impleaded the partnership firms as parties to the suit. RESPONDENTS averred that the suit properties are the absolute properties of Defendants and Plaintiffs have no right or title over the same. Before filing of the suit, Plaintiffs have not made any demand for partition of the suit properties. Since the suit properties belong to the Defendants, appointment of Receiver is totally untenable and prayed for dismissal of the applications.