Sukumari Prathibha VS E. Ponnuswamy Nadar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

G. JAYACHANDRAN, SUNDER MOHAN, G. JAYACHANDRAN, SUNDER MOHAN
Sukumari Prathibha – Appellant
Versus
E. Ponnuswamy Nadar – Respondent

Advocates:
Counsel for the Parties:
In A.S.(MD)No.44 of 2011:
For the Appellant:Mrs. N. Krishnaveni, Senior Counsel for Mr. C. Arul Vadivel @ Sekar, Advocate
For the Respondent Nos.2 to 4: Mr. G. Prabhu Rajadurai
For the 5th Respondent: Foreign Envelope Due
For the Respondent Nos.6 to 9: No Appearance
In A.S.(MD)No.45 of 2011:
For the Appellant:Mrs. N. Krishnaveni, Senior Counsel for Mr. C. Arul Vadivel @ Sekar, Advocate
For the 2nd Respondent: Foreign Envelope Due
In A.S.(MD)No.46 of 2011:
For the Appellant:Mrs. N. Krishnaveni Senior Counsel for Mr. C. Arul Vadivel @ Sekar, Advocate
For the Respondent Nos.2 to 4:Mr. G. Prabhu Rajadurai, Advocate
In A.S.(MD)No.170 of 2011:
For the Appellant Nos.2 to 4:Mr. G. Prabhu Rajadurai, Advocate
For the 1st Respondent:Mrs. N. Krishnaveni, Senior Counsel for Mr. C. Arul Vadivel @ Sekar, Advocate
For the Respondent Nos.2 and 3: Dismissed. vide order, dated 04.07.2018
For the Respondent Nos.4 to 6: No Appearance

JUDGMENT (COMMON)

Dr. G. Jayachandran and Sunder Mohan, JJ.—

Prelude:—

E. Ponnuswamy Nadar and his erstwhile wife Sukumari Prathibha are the main contesting parties in these batch of four First Appeals arising from three Original Suits, namely, O.S.Nos.98 of 2008 and 23 of 2009, filed by E. Ponnuswamy Nadar and O.S.No.88 of 2010 filed by Sukumari Prathibha. The ancillary parties to the suits are the second wife of E. Ponnuswamy Nadar, Kumari Thangam and her two children, namely, Indira Priyadharshini and Raniki Jhancy Lakshmi Bai. They are all sailing with E. Ponnuswamy Nadar.

2. Whereas Sukumari the erstwhile wife of E. Ponnuswamy Nadar and his nephew Selvan Swamydhas Raman, claiming the joint Power of Attorneys for E. Ponnuswamy Nadar and the parties, who have purchased the properties from them on the strength of a General Power of Attorney, alleged to have been executed before a Solicitor and Notary at Australia on 14.05.2003, sail together with Sukumari Prathibha.

Facts relevant in each of the suits and its outcome:—

3. The background for this litigation is that E. Ponnuswamy Nadar married Sukumari Prathibha on 10.12.1969. They were gainfully employed at Uganda as Teachers, then, s

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G. JAYACHANDRAN, SUNDER MOHAN, G. JAYACHANDRAN, SUNDER MOHANSukumari Prathibha – AppellantVersusE. Ponnuswamy Nadar – Respondent

G. JAYACHANDRAN, SUNDER MOHAN, G. JAYACHANDRAN, SUNDER MOHAN
Sukumari Prathibha – Appellant
Versus
E. Ponnuswamy Nadar – Respondent