Madras High Court
Celestin Rajan vs Sivakami on 2 July, 2021
A.S.No.473 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
A.S.No.473 of 2018
and C.M.P.Nos. 12038 and 12039 of 2018
1.Celestin Rajan
2.Josephine Amala .. Appellants
Vs
1.Sivakami
2.Chinnammal
3.Kasthuri
4.Rajendran
5.Ravichandran
6.Jayabal .. Respondents
Appeal filed under Clause 96 of Code of Civil Procedure read with
Order XLI and Order XLI-A of CPC against the order dated 28.02.2018
made in O.S.No.223 of 2010 on the file of Additional District Judge,
Chengalpattu.
For Appellants : Mr.Anirudh
for M/s.Nithyaesh and Vaibhav
For Respondents : Mr.S.Thankasivan for R1
Mr.V.Shivalingam
for R2 to R6
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
A.S.No.473 of 2018
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by defendants 6 and 7, who are
the subsequent purchasers from the other defendants in a suit for
partition filed by the first respondent/plaintiff.
2. The subject matter of the appeal is only with respect to Item 1
of the suit property and that too, preliminary decree granted in favour
of the plaintiff. The other defendants have entered into a sale deed
with the appellants, who are defendants 6 and 7.
3. Today, compromise affidavits have been filed by the
appellants/defendants 6 and 7 and the first respondent/plaintiff,
wherein it has been stated as follows:-
"Therefore it is most respectfully prayed that this
Hon'ble Court may be pleased to accept this
affidavit and allow the First appeal in respect of
suit item no.1 - Nanja S.No.180/2A1A measuring
0.08.0 H.A. vide Sale Deed Document
No.7381/2014 dated 20-10-2014 and in respect of
other suit item no.2 to 6, the First Appeal may be
dismissed and the decree and judgment passed by
the learned Additional District Judge, Chengalpattu
in O.S.No.223/2010 dated 28.02.2018, be
confirmed and to pass such further or other orders
as this Hon'ble Court may deem fit and proper in
https://www.mhc.tn.gov.in/judis/
A.S.No.473 of 2018
the circumstances of the case and thus render
justice."
"Therefore it is most respectfully prayed that
this Hon'ble Court may be pleased to accept this
affidavit and exonerate the appellants/defendants
6 and 7 and set aside the decree in respect of suit
item no.1 - Nanja S.No.180/2A1A measuring
0.08.0 H.A. passed by the learned Additional
District Judge, Chengalpattu in O.S.No.223/2010
dated 28.02.2018 insofar as the
appellants/defendants 6 and 7 are concerned
restore the sale deed dated 20.10.2014 by
Document No.7381/2014 insofar as the
appellants/defendants 6 and 7 are concerned and
pass such further or other orders as this Hon'ble
Court may deem fit and proper in the
circumstances of the case and thus render
justice."
4. In view of the above, there shall be a decree in favour of
appellants 6 and 7 with respect to Item No.1 of the suit schedule
property, insofar as the preliminary decree granted in favour of the
first respondent/plaintiff, which is accordingly set aside. Consequently,
the appellants' title to Item No.1 stands confirmed. This is for the
reason that other defendants are the one who sold the property in
favour of the appellants. Therefore, the learned Single Judge is
requested to proceed with the suit insofar as the other items are
concerned, which is not a concern of the appellants.
https://www.mhc.tn.gov.in/judis/
A.S.No.473 of 2018
5. The appeal stands allowed accordingly. The judgment and
decree of the trial Court insofar as the declaration of share in favour of
the first respondent/plaintiff in respect of Item No.1 of the suit
schedule property stands set aside. No costs. Consequently,
connected miscellaneous petitions are closed.
(M.M.S., J.) (R.N.M., J.)
02.07.2021
Index:Yes/No
mmi/ssm
To
The Additional District Judge,
Chengalpattu.
https://www.mhc.tn.gov.in/judis/
A.S.No.473 of 2018
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
A.S.No.473 of 2018
02.07.2021
https://www.mhc.tn.gov.in/judis/
