R. Damodaran vs R. Dorairaj (Deceased)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 467

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
R. Damodaran – Appellant
Versus
R. Dorairaj (Deceased) – Respondent

Advocates Appeared:
For the Appellant : A. Viveganandhan
For the Respondents: S. Geetha, Rajnish Pathiyil

JUDGMENT :

N. SATHISH KUMAR, J.

1. Challenging the judgment and decree passed by the learned I Additional Judge, City Civil Court, Chennai, in O.S.No.6533 of 2019, dated 28.04.2025, granting preliminary decree of 2/3^rd share to the plaintiffs, the unsuccessful defendant has filed the above Appeal.

2. For the sake of convenience, the parties will be referred to as per their rank before the trial Court.

3. The 1^st plaintiff and the defendant are brothers. They are the sons of one Ranganatha Mudaliar. The suit properties were originally owned by the said Ranganatha Mudaliar. The said Ranganatha Mudaliar died intestate on 04.04.1979 leaving behind his (i) wife Swarnabai Ammal, (ii) the plaintiff and (iii) Miss.R.Vatsala Kumari, his daughter who remained spinster during her lifetime and (iv) the defendant as legal heirs. The 1^st plaintiff’s mother Swarnabai Ammal died intestate on 08.01.1993. After the death of the 1^st plaintiff’s father and mother, the 1^st plaintiff, the defendant and their sister Vatsala Kumari became entitled to 1/3rd share in the properties of their father. The 1^st plaintiff was living in the First Floor in the house while, the sister Vatsala Kumari was residing in the