Dhamodharan vs Maruthachalam - 2025 Supreme(Mad) 4182

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 4182

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice R. Hemalatha, J
Dhamodharan – Appellant
Versus
Maruthachalam – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Mr. C. Prabakaran for Mr. V. Anandhamoorthy
For the Respondents: Mr. S. Mukunth, Senior Counsel for Mr.A. Ramkumar

Table of Content
1. defendants claimed oral partition (Para 4 , 5 , 6)
2. trial court's findings (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
3. suit barred by limitation (Para 16 , 17)
4. second appeal allowed (Para 18)

JUDGMENT :

R.Hemalatha, J.

The appellants are the defendants in O.S. No.123/2016 on the file of the II Additional Subordinate Court, Coimbatore. The respondents 1 to 3/plaintiffs filed the said suit for partition of the suit property into 16 equal shares and to allot three such shares to them.

2. For the sake of convenience, the parties are referred to as per their rank in the trial court and at appropriate places, their rank in the present second appeal would also be indicated.

3.The case of the plaintiffs in a nutshell is as follows :

The suit property morefully described in the plaint originally belonged to one Subbanna Gounder. He got the same through a partition in his family in the year 1936. Subbanna Gounder had a son and a daughter by name Ramasamy and Palaniammal. The plaintiffs are the legal heirs of Palaniammal, while the defendants are the legal heirs of Ramasamy. Subbanna Gounder died intestate during the year 1970 and his wife Karupathal died subsequently. Th