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2021 Supreme(SC) 297

ASHOK BHUSHAN, R.SUBHASH REDDY
R. JANAKIAMMAL – Appellant
Versus
S. K. KUMARASAMY(DECEASED) THROUGH LEGAL REPRESENTATIVES – Respondent


Advocates appeared:
For the Appellant(s) :Gaurav Agrawal, S. Ravi Shankar, V. Giri, Vikas Mehta, Advocates
For the Respondent(s):Shobha Ramamoorthy, V. Giri, Vikas Mehta, Prabha Swami, Nikhil Swami, Divya Swami, S. Nagamuthu, V.P. Sengottuvel, S. Ravi Shankar, Yamunah Nachiar, R. Nishanth, Akshay Kumar A., K. V. Mohan, Kapil Sibal, Arunabh Chowdhury, Ankur Chawla, Pallavi Langar, Arun Mohan, Nizam Pasha, R.K. Mohit Gupta, Karthik, Rahul Pratap, Advocates

JUDGMENT :

ASHOK BHUSHAN, J.

These two appeals have been filed challenging the Division Bench judgment dated 23.11.2011 of Madras High Court dismissing the A.S. No.281 of 2000 and A.S. No.332 of 1999 filed by the appellants respectively. The parties shall be referred to as described in O.S.No.1101 of 1987 (S.R. Somasundaram vs. S.K. Kumarasamy). The appellant, R. Janakiammal in C.A.No.1537 of 2016 was defendant No.7 in O.S.No.1101 of 1987 whereas S.R. Somasundaram, appellant in C.A.No.1538 of 2016 was the plaintiff in O.S.No.1101 of 1987. Janakiammal is the mother of Somasundaram. Relevant facts and events necessary to decide these two appeals are:

2. The parties came from Pattanam, Coimbatore District, Tamil Nadu. We may notice the Genealogical Tree of the family which is to the following effect:

Kandaswami Gounder (died in 1964)

Senniamalai(died)

1st wife's son

2nd wife's son

Rangasami

(Died in 1967

Smt. Janakiammal D-7

Kumaraswami D-1

Sundarambal D-2 S.K. Chinnaswami D-4

Smt.C.Kamalgm D-5

Shanmugha valauyutham D-10

Somasundaram

Plaintiff Saraswathi

D-8

Kandaavadival D-3

C.Senthil Kumaravel

D-6

Satyavathi Ponmeenakshi

3. The plaintiff, S.R. Somasundaram and his mother, Janakiammal who a

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