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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. LAKSHMINARAYANAN
P. Parameshwari – Appellant
Versus
Subbathal (Died) – Respondent
ORDER :
V. LAKSHMINARAYANAN, J.
1. This is a truly unfortunate case. The litigation has been languishing for the past 27 years and that too, at the level of trial. The parties have been litigating only on the peripheries without being in a position to find the result of the litigation.
2. For the sake of convenience, the parties will be referred to as per their rank in the suit.
3. This is a suit for partition. Originally, one Sornathal filed O.S.No.392 of 2006 on the file of Additional District Munsif, Tiruppur seeking for partition and separate possession. That suit was dismissed as withdrawn, constraining her sister one Subbathal to present this suit for the very same relief.
4. For the sake of ready understanding, the genealogical tree is given below.
5. The dispute relates to the properties that were left behind by Ramasamy Gounder. There is no dispute that Ramasamy Gounder had two sons and three daughters. The plaintiff, pleading that Ramasamy Gounder had died intestate and his wife having predeceased, the plaintiff and the defendants 1 to 4 have 1/6th share individually and defendants 5 and 6 are entitled to 1/6th share in common. Defendants 5 and 6 are the legal heirs of one Velu
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Point of law: There is no dispute that even under Ex.A-4, the plaintiff who was a minor at the relevant time, was made eo nomine party. In such a circumstance, as rightly contended, he has to pray fo....
The main legal point established is the need for substantial justice in delay condonation petitions, the importance of not adopting a hyper-technical approach, and the need to advance justice in such....
The defendants were entitled to file a written statement and cross-examine witnesses even without filing the written statement, and the Court must consider their reasonable cause for not filing the w....
The plea of adverse possession and title raised simultaneously is inconsistent and contradictory.
The main legal point established in the judgment is that a suit for partition can be barred by law and limitation if there is already a decree and final decree in place, and the plaintiff fails to en....
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