C. V. KARTHIKEYAN
Raghuraman Pillai (died) – Appellant
Versus
Soodamani Ammal (died) – Respondent
JUDGMENT
(Prayer: Appeal filed under Order XLI Rule 1 and Section 96 C.P.C., against the final decree passed in O.S.No. 503 of 1999 dated 24.06.2003 by the learned Subordinate Judge, Gudiyatham.
This Second Appeal is filed under Section 100 of Civil Procedure Code, against the Judgment and Decree of the learned Principal District Judge, Vellore, dated 26.09.2002 in A.S.No. 60 of 2001 modifying the Judgment and Decree of the learned Subordinate Judge, Gudiyattam, dated 20.11.2002 in I.A.No. 274 of 1999 in O.S.No. 503 of 1999.
Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish them for having violated the orders of this Hon'ble Court dated 19.03.2005 in C.M.P.No. 17429 of 2004 in S.A.No. 1069 of 2003.)
Common Judgment
1. All the three matters have been directed to be listed as per roster and since the Contempt Petition has been filed in S.A.No. 1067 of 2003, the three matters have been listed before this Court.
2. The Second Appeal and the First Appeal emanate from a suit for partition in O.S.No. 169 of 1977 which was on the file of Sub Court, Vellore. The said suit for partition had been filed by Soodamani Ammal against Raghurama Pillai and Pattabiraman
The main legal point established in the judgment is the court's authority to close the Contempt Petition and dispose of appeals based on agreements among the parties regarding property division and p....
The court upheld the significance of promoting settlements in family disputes, allowing restoration of partition proceedings following a mutual agreement between parties, despite initially excessive ....
A preliminary decree in partition cases cannot be reopened during final decree proceedings, ensuring established determinations are upheld.
The court upheld the entitlement of the plaintiff's share in ancestral properties and directed the determination of her legal heirs and the validity of her Will before distribution.
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