D.Durai Krishnan vs Rukmani Devi
2021 Latest Caselaw 2161 Mad

                                                                                  A.S.No.764 of 2005
                                                                and C.M.P.Nos.12684/2005 & 759/2013

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 01.02.2021

                                             CORAM:
                             THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

                                                 A.S.No.764 of 2005
                                                        and
                                          C.M.P.Nos.12684/2005 & 759/2013

                     D.Durai Krishnan                                                  .. Appellant

                                                          Vs.


                     1.        Rukmani Devi
                     2.        Vijaya Lakshmi
                     3.        Vijaya Bhaskar
                     4.        V. Radha Bai
                     5.        D.Sargurunathan
                     6.        D.Lakshmikanthan
                     7.        D.Sakthivadivelu
                     8.        B.Sembagavalli
                     9.        B.Shakunthala Bai
                     10.       S.Jayashanmugham
                     11.       S.Vaijayanthi Mala                                   .. Respondents

                     PRAYER: Appeal Suit is filed under Section 96 of C.P.C against the
                     judgment and decree dated 15.10.2004 passed in O.S.No.735 of 1999 by
                     the IV Additional District and Sessions Judge, Fast Track Court,
                     Chennai.


                     1/5
https://www.mhc.tn.gov.in/judis/
                                                                               A.S.No.764 of 2005
                                                             and C.M.P.Nos.12684/2005 & 759/2013

                                   For Appellant         : Mr.T.Magendiran for
                                                           Mr.T.Velumani

                                   For Respondents       : Mr.R.Imayavaramban Associates
                                                           for Mr.Ramalingam for R1 to R3

                                                         : Ms.R.Bamini for R5

                                                          Not ready in notice
                                                          for R4, R6 ,7, 9 to 11


                                               JUDGMENT

The Appeal Suit is filed against the preliminary decree

passed by the trial Court in the partition suit. The appellant herein is the

4th respondent. The plaintiffs/respondents 1 and 2 as well as the appellant

are the legal heirs of the deceased Sachitanandam, from whom share over

the suit property being claimed.

2. The trial Court on considering the evidence and the

descendants of the original owner Krishnammal, the mother of

Sachitanandam, had passed a preliminary decree for 1/9 share to the

plaintiff the wife of the deceased Sachitanandam and the remaining 8/9

share to the other legal heirs.

https://www.mhc.tn.gov.in/judis/ A.S.No.764 of 2005 and C.M.P.Nos.12684/2005 & 759/2013

3. Not satisfied with the above apportionment and

preliminary decree for partition, the present appeal is filed. However, the

appellant has not taken out steps to bring legal heirs for some of the

deceased respondents in spite of granting time. On 08.01.2021, this Court

after perusing the records observed as below:

“ Steps to bring legal representatives of the deceased respondents 4, 6, 9, 10 and 11 not taken in spite of granting time vide order dated 24.10.2016. The learned counsel for the appellant seeks one week time to verify the current living status of the litigants and file appropriate petition.”

4. Today, when the matter is listed, the learned counsel

appearing for the appellant submitted that his client has instructed him to

report that he wants to pursue the final decree proceedings and get the

share as per decree and not interested to pursue the appeal suit.

https://www.mhc.tn.gov.in/judis/ A.S.No.764 of 2005 and C.M.P.Nos.12684/2005 & 759/2013

5. Hence the Appeal Suit is disposed of confirming the

judgment and decree of the trial Court. Stay granted for passing of final

decree is vacated. Consequently, connected miscellaneous petitions are

closed. No costs.

01.02.2021

Index : Yes/No Internet:Yes/No rpl

To The IV Additional District and Sessions Judge, Fast Track Court, Chennai.

DR.G.JAYACHANDRAN,J.

rpl

https://www.mhc.tn.gov.in/judis/ A.S.No.764 of 2005 and C.M.P.Nos.12684/2005 & 759/2013

A.S.No.764 of 2005 and C.M.P.Nos.12684/2005 & 759/2013

01.02.2021

https://www.mhc.tn.gov.in/judis/