A.S.No.505 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 27.04.2023

Pronounced on : 25.05.2023

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

ACTING CHIEF JUSTICE

AND

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

A.S.No.505 of 2019

1. K.Chakrapani

2. C.Komala

3. C.Vijayakrishna

4. C.Gokulkrishna

... Appellants

Versus

1. N.Brindha

2. P.Alamelu

3. R.Parimala

4. K.Sowrirajan

5. P.Devaki

6. State Bank of India

Padi Branch,

represented by its Branch Manager

No.80/4, First Floor,

Harikrishna Complex,

M.T.H.Road, Padi,

Thiruvallur District

7. State Bank of India

Vridhachalam Branch

represented by its Branch Manager,

Cuddalore Road,

Vridhachalam, Vridhachalam Taluk,

Cuddalore District.

8. Lakshmi Vilas Bank

Chennai Anna Nagar Branch,

represented by its Branch Manager

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A.S.No.505 of 2019

Anna Nagar, Chennai – 600 040

9. City Union Bank Ltd.

Anna Nagar Branch

represented by its Branch Manager,

No.3, First Floor, Anna Plaza, AB Block,

Second Avenue, Anna Nagar,

Chennai – 600 040.

10.Chennai Central Co-operative Bank Limited,

Chennai District – represented by its

Branch Manager, Thirumangalam,

Anna Nagar West, Chennai – 600 101.

11.The Kumbakonam Mutual Benefit Fund Ltd.

Vridhachalam Branch,

represented by its Branch Manager,

No.35/10, Bazaar Street,

Vridhachalam – 606 001.

12.The Kumbakonam Mutual Benefit Fund Ltd.

Chennai Ambathur Branch,

represented byt its Branch Manager,

No.1, M.T.H.Road, Ambatur,

Chennai – 600 053.

13.The Kumbakonam Mutual Benefit Fund Ltd.

Registered Office at No.145,

Big Street, Kumbakonam represented

by its General Manager

(Respondents 7,8,9 and 11 are not

necessary parties to the appeal)

... Respondents

PRAYER : Appeal is filed under Order 96 of Civil Procedure Code praying to

allow this first appeal and set aside the Judgment and decree dated

07.01.2019 passed in O.S.No.4 of 2013 on the file of the III Additional District

and Sessions Judge, Cuddalore at Vridhachalam.

For Appellants

: Mr.R.Gururaj

For Respondents

: Mr.P.B.Ramanujam

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A.S.No.505 of 2019

[for R1, R3 and R5]

Mr.P.V.Muralidhar

[for R2]

Mr.T.Dhanasekaran

[for R4]

Notice served on RR7 to 13 dated

11.02.2021

JUDGMENT

Judgment was delivered by R.KALAIMATHI, J.,

Being not satisfied by the Judgment and decree passed in O.S.No.4 of

2013 by the III Additional District and Sessions Judge, Cuddalore at

Vridhachalam dated 07.01.2019, one of the sons of deceased

V.S.Kothandapani along with his wife and children have preferred this appeal

against the plaintiffs who are the sisters, brother, Banks and other Financial

Institutions.

2. The three daughters of deceased V.S.Kothangapani namely

N.Brindha, P.Alamelu and R.Parimala filed a suit for preliminary decree for

partition of plaint schedule amounts to grant 1/6^th share each to the plaintiffs

and for injunction. The trial Court upon hearing the arguments of both sides

and on appreciating the oral and documentary evidence, has decreed the suit

and preliminary decree was passed in favour of the plaintiffs, D1 and D3 by

granting 1/6^th share each in the suit properties and the defendants No.7 to 14

were restrained by means of permanent injunction from paying the plaintiffs,

D1 and D3’s share in the suit properties to other sharer.

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A.S.No.505 of 2019

3. The learned counsel for appellants reiterating the grounds given in

the memorandum of appeal would strenuously argue that this is the 4^th suit

and it is clearly barred by Order 2 Rule 2 C.P.C., Principles of Res-judicata

and the Specific Relief Act. All the deposits are made to be received by either

or survivor and hence, the suit for partition would not lie at all and prayed to

set aside the Judgment and