Kumara Ravikumar vs K. Chandrasekaran @ Durai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 3992

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SAKTHIVEL
Kumara Ravikumar – Appellant
Versus
K. Chandrasekaran @ Durai – Respondent

Advocates Appeared:
For the Appellant : Mr. A. Sundaravadhanan.
For the Respondents: Mr. S. Mukund, Senior Counsel for M/s. I.C. Vasudevan.

JUDGMENT :

(R. SAKTHIVEL, J.)

This Second Appeal is directed against the Judgment and Decree dated October 20, 2017, passed in A.S.No.9 of 2017 by the 'Subordinate Court, Sathyamangalam' ['First Appellate Court' for brevity], whereby the Judgment and Decree dated October 17, 2016 passed in O.S.No.207 of 2013 by the 'District Munsif, Sathyamangalam' ['Trial Court' for brevity] was confirmed.

2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

PLAINTIFFS' CASE

3. Brief facts necessary for the disposing of this Second Appeal are as follows:

3.1. The plaintiffs are husband and wife and they have been living in the farm house in the Suit Property. 1^st defendant is the younger brother of the 1^st plaintiff, while 2^nd defendant is his elder sister. The 1^st and 2^nd defendants own lands adjoining the Suit Property.

3.2. The first plaintiff, the defendants 1 and 2 along with their mother and two other brothers divided their ancestral properties by a Registered Partition Deed dated June 18, 1983. Vide the said Partition Deed, first plaintiff was allotted ‘C’ Schedule Properties therein consisting of 4.41 Acres of land in Survey No.314,