M.S.Sivasankar vs N.Kavitha - 2024 Supreme(Mad) 2378

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 2378

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN
M.S.Sivasankar – Appellant
Versus
N.Kavitha – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.T.R.Rajagopalan Senior Counsel for Mr.S.T.Bharath Gowtham
For the Respondents: Mr.P.Valliappan Senior Counsel for Mr.S.M.S.Shriram for R1 Ms.Mirula Roshini for R2 Mr.I.Abrar Md. Abdullah for R3

Table of Content
1. facts surrounding partnership and claims on the estate. (Para 1 , 3 , 4)
2. arguments regarding the will and partnership's impact. (Para 12 , 13 , 15)
3. understanding the legal implications of ademption. (Para 17 , 18 , 19)
4. final decision affirming the right to seek accounts. (Para 25 , 26)

JUDGMENT :

C. KUMARAPPAN, J.

1. The defendants 1, 2 and 5 are the appellants herein. The first respondent herein is the plaintiff before the Trial Court and the defendants 3 and 4 are the respondents 2 and 3 herein.

2. For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court.

3. The brief facts, which give rise to the instant Second Appeal is that the plaintiff is the daughter of one Savithri. The 1^st and 2^nd defendants' father Selvamani, who is the 3^rd defendant herein and deceased Savithri and the 4^th defendant are the brother and sister and children of one Muthusami Gounder. The said Muthusami Gounder and the defendants 1 and 2 together constituted a firm in the name and style of M/s.Mani Transport. The firm was constituted for the purpose of plying buses. The partnership firm was serendipitously and curiously cons