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2025 Supreme(Mad) 5566

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, N.SENTHILKUMAR
K.S.Gita – Appellant
Versus
Beena Kosaraju – Respondent


Advocates Appeared:
For the Appellant : Mr.M.S.Krishnan, Senior Counsel For Mr.Pavan Kumar Gandhi
For the Respondent: Mr.P.L.Narayanan, Senior Counsel For Mr.E.Hariharan, Ms.Abitha Banu Mr.M.K.Kabir, Senior Counsel Ms.M.K.Padma (for R3) Mr.T.Jayaraman (for R4) Mr.T.Jayaranga (for R6)
Mr.P.V.Balasubramaniam, Senior Counsel For Mr.Akhil Bhansah

JUDGMENT :

Dr. ANITA SUMANTH, J.

1. This OSA has been filed challenging an order passed on 25.04.2025 in A.No.5572 of 2024 in C.S.No.76 of 2009 filed by R1. The Suit has been filed seeking a judgment and decree against the respondents as follows:

(a) that the properties comprised in the estate of late K.Subbiah, morefully described in the schedules hereunder be divided by metes and bounds and 1/4th (one fourth) share be allotted to the Plaintiff;

(b) consequently, that the Defendants be directed to render true and proper accounts of the income earned through the properties, running businesses and properties purchased thereof from and out of the assets and businesses of late K.Subbiah and give 1/4th share thereof to the Plaintiff

(c) Permanent injunction restraining the 2nd Defendant, her agents and servants, any person and every person claiming though or under her in any manner disturbing the plaintiff's use, occupation and enjoyment of the property morefully described as item No.2 in the schedule hereunder.

(d) that an Advocate Commissioner be appointed to divide the immovable properties comprised in the estate of late K.Subbiah morefully described in the schedules hereunder, by metes a

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