S.A.Nos.391 and 780 of 2007

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.08.2023

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

S.A.Nos.391 and 780 of 2007

and M.P.Nos.1 and 1 of 2007

S.A.No.391 of 2007

1. Manjini (Died)

2. Angammal ...Appellants

1^st appellant died , 2^nd appellant is recorded as the LR's

of deceased 1^st appellant vide order of Court dated 01.02.2023

made in Memo SR.No.3551 in SA.No.391 of 2007.

Vs.

1. Begum Subeda

2. Jayahasan (Major)

R2 declared as Major, his next friend and mother

Begum Subeda discharged from the guardianship Vide

Court order dated 25.06.2022 made in CMP.No.1703 & 1705

of 2020 in S.A.No.397 of 2007

3. The General Manager

Telephone Department

Cuddalore.

4. The Divisional Engineer

Telephone Department

Tindivanam.

5. The Sub-Divisional Engineer

Telephone Department

Tindivanam.

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S.A.Nos.391 and 780 of 2007

6. The Junior Engineer

Telephone Department

Tindivanam.

7. The Junior Telecom Officer

Tindivanam.

8. The Branch Manager

LIC Of India, Tindivanam

PRAYER : Second Appeal filed under Section 100 of C.P.C., against the

Judgment and Decree in A.S.No.147 of 2003 on the file of the Additional

Sub Court @ Tindivanam, dated 09.08.2005 in dismissing the appeal

against the Judgment and decree in O.S.No.252 of 1998 dated 06.10.2003.

S.A.No.780 of 2007

1. Angammal

2. Manjini (Died) ...Appellants

2^nd appellant died ,1^st appellant is recorded as the

LR's of deceased 2^nd appellant vide Order of Court dated

01.02.2023 made in Memo SR.No.3550 in SA.No.780 of 2007.

Vs.

Begum Subeda ...Respondent

PRAYER : Second Appeal filed under Section 100 of C.P.C., against the

Judgment and Decree in A.S.No.146 of 2003 on the file of the Additional

Sub Court @ Tindivanam dated 09.08.2005 in confirming the Judgment and

decree in O.S.No.322 of 1999 dated 06.10.2003.

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S.A.Nos.391 and 780 of 2007

For Appellants

: Mrs.V.Srimathi

(in both appeals)

For R1 and R2

: Mr.M.Devaraj

(in both appeals)

For R3 to R5 and R7

: Mr. K.Anbarasan

(in SA.No.391 of 2007)

For R6

: Exparte

(in SA.No.391 of 2007)

For R8

: Mr.P.G.Padmanabhan

(in SA.No.391 of 2007)

COMMON JUDGMENT

The Second appeals are preferred by the parents of the

deceased/Jeyasundaram @ Jeyachandran against the respondent/defendant.

The suit in O.S.No.322 of 1999 was filed by the appellants seeking the

relief to declare as the legal heir of the deceased Jeyasundaram @

Jeyachandran. The another suit in O.S.No.252 of 1998 was filed by wife of

the deceased Jeyasundaram @ Jeyachandran seeking the relief to declare as

legal heir of the deceased Jeyasundaram @ Jeaychandran. Both the suits

were tried together before the trial Court.

2. Upon hearing both sides, the trial Judge held that the mother, wife

and son of the deceased are the legal heirs, accordingly, the suits were

decreed.

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S.A.Nos.391 and 780 of 2007

3. Challenging the said findings, the parents of the deceased preferred

appeals in A.S.Nos.146 and 147 of 2003 before the Sub Court, Tindivanam

wherein, the lower Appellate Judge