Madras High Court
Rukmani vs Subramanian on 21 November, 2023
S.A.No.394 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
S.A.No.394 of 2017
and
CMP.No.19223 of 2017
1.Rukmani
2.Gomathi
3.Geetha ... Appellants
Vs.
1.Subramanian
2.Thangamani
3.Paramanantham @ Manokaran
4.Dhavamani
5.Nagalingam
6.Thangadurai ... Respondents
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure, against th judgment and decree dated 25.01.2017 passed in
A.S.No.17 of 2015 on the file of III Additional District and Sessions Judge,
Gobichettipalayam only in respect of item 2 alone modifying the judgment and
decree dated 09.04.2014 passed in OS.No.87 of 2012 on the file of the
Subordinate Judge, Sathyamangalam.
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1/4
S.A.No.394 of 2017
For Appellants : Mr.A.Veerasamy
For Respondents : Mr.J.Titus Erock
for Mr.I.C.Vasudevan for R3 & R5
JUDGMENT
The plaintiffs in the suit for partition are the appellants. The suit
filed by the appellants was dismissed by the trial Court. The First Appeal filed
by the appellants was allowed in part by granting decree for partition in respect
of item No.1 of the suit property. As far as item No.2 of the suit property is
concerned, the same was dismissed on the ground that the appellants/plaintiffs
have not given proper description of property. Aggrieved by the dismissal of
the First Appeal in respect of second item of the suit property, the appellants
have come up with this Second Appeal.
2. When the matter is taken up for hearing the learned counsel for
the appellants submitted that the appellants may be given liberty to file a fresh
suit in respect of item No.2 of the suit property by giving correct description.
3. The learned counsel for the respondents have no objection for
giving such liberty to the appellants.
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4. It is seen from the description of property found in the
schedule, the first item of suit property is an extent of 10 cents of land with
superstructure thereon. The second item of suit property is on different survey
number and the same appears to be an agricultural land.
5. In such circumstances, this Court is inclined to accede to the
request made by the learned counsel for the appellants. Accordingly, the
Second Appeal is dismissed with liberty to the appellants to file a fresh suit in
respect of item No.2 of the present suit property by giving correct description
of the same.
6. Accordingly, this Second Appeal is dismissed with liberty. No
costs. Consequently, connected Miscellaneous Petition is closed.
20.11.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation Case : Yes/No
dna
https://www.mhc.tn.gov.in/judis
S.SOUNTHAR, J.
dna
To
1.The III Additional District and Sessions Court, Gobichettipalayam.
2.The Subordinate Judge, Sathyamangalam.
and
21.11.2023
https://www.mhc.tn.gov.in/judis
