Karuppaiah (died) vs Uma Mageshwari - 2023 Supreme(Mad) 3004

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 3004

N. SATHISH KUMAR
Karuppaiah (died) – Appellant
Versus
Uma Mageshwari – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr.N.Balakrishnan
For the Respondents: Mr.M.Karthikeya Venkatachalapathy, Mr.M.Suriya Narayanan

JUDGMENT :

PRAYER: This Appeal Suit is filed under Section 96 of C.P.C. against the judgment and decree passed in O.S.No.14 of 2010, on the file of the Additional District Judge, Pudukkottai, dated 20.12.2019.

Aggrieved over the decree and judgment, decreeing the suit for specific performance, this Appeal Suit has been filed by the appellants.

2. For the sake of convenience, the parties are referred to herein, as per their own ranking before the Trial Court.

3. The brief facts, leading to the filing of this Appeal, are as follows:-

3.1. The suit property originally owned by one Subbammal. She has bequeathed the property in favour of one Muruga Konar, Krishna Konar @ Kittu Konar and the first defendant, Karuppiah Konar. Muruga Konar and his wife Rathinam died without any issues long back. Therefore, the entire suit property devolved on Krishna Konar @ Kittu Konar and the first defendant viz., Karuppiah Konar. The son of Krishan Konar @ Kittu Konar viz., Veeraiah predeceased his father leaving behind his wife and children, who are the defendants 3 to 6. The first defendant Krishna Konar @ Kittu Konar and his wife (second defendant) were agreed to sell the property for a total consideratio