S.A. Nos.619 & 916 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

S.A. Nos.619 & 916 of 2015

S.A.No.619 of 2015

1 L.Vijayarangan

2 L.Prabakaran

3 L.Baskaran

4 L.Kalyanasundaram

5 L.Gunasundaram

6 L.Kotteswaran

7 L.Subramani

... Appellants

Vs

1 R.Palani

2 Banumathi

3 Vimala

4 Lalitha

5 Renugopal

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S.A. Nos.619 & 916 of 2015

6 Ashok Kumar

7 Sudhakar

8 Girija

9 Chandrasekar

.. Respondents

Prayer:- Second Appeal has been filed under Section 100 C.P.C., against

the judgment and decree dated 08.01.2015 passed in A.S.No.73 of 2012 on

the file of learned Principal District Judge, Vellore, whereby it had partly

modified with regard to the half share of item II of the suit schedule

property made in the decree and judgment dated 09.11.2012 passed in

O.S.No.474 of 1994 on the file of learned Subordinate Judge, Vellore.

S.A.No.916 of 2015

1 R.Palani

2 Lalitha

3 Renugopal

4 Ashok Kumar

5 Sudhakar

6 Girija

7 Chandrasekar

.. Appellants

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S.A. Nos.619 & 916 of 2015

Vs.

1 L.Vijayarangan

2 L.Prabakaran

3 L.Baskaran

4 L.Kalyanasundaram

5 L.Gunasundaram

6 L.Kotteswaran

7 L.Subramani

8 Banumathi

9 Vimala

... Respondents

Prayer:- Second Appeal has been filed under Section 100 C.P.C., against

the judgment and decree dated 08.01.2015 passed in A.S.No.73 of 2012 on

the file of learned Principal District Judge, Vellore, by reversing and

modifying the the judgment and decree dated 09.11.2012 passed in

O.S.No.474 of 1994 on the file of learned Subordinate Judge, Vellore.

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S.A. Nos.619 & 916 of 2015

For Appellants in

S.A.No.619 of 2015

: Mrs.Chitra Sampath,

Senior Advocate for

Mr. N.Senthil Kumar

For Respondents in

S.A.No.619 of 2015

: Mr.K.V.Ananthakrushnan

for R1, 4 to 9

R2 & R3 – No appearance

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For Appellants in

S.A.No.916 of 2015

: Mr.K.V.Ananthakrushnan

For Respondents in

S.A.No.916 of 2015

: Mrs.Chitra Sampath,

Senior Advocate for

Mr. N.Senthil Kumar

for R1 to 7

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COMMON JUDGEMENT

The appellants herein are the legal heirs of deceased original plaintiff

R.Loganathan. Challenging the findings rendered by the first appellate

judge in A.S.No. 73 of 2012 arisen out of the decree passed in O.S.No.474

of 1994, on the file of Sub-Court, Vellore. The respondents herein are the

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S.A. Nos.619 & 916 of 2015

defendants in the suit. The defendants also aggrieved over the findings of

first appellate judge, preferred an appeal in S.A.No.916 of 2015.

2. For the sake of convenience, the parties are referred as per the

ranking in the suit.

3. The original plaintiff filed a suit for declaration and consequential

relief of permanent injunction against his two brothers and two sisters.

During the pendency of the proceedings, the plaintiff died and his legal

heirs were impleaded as plaintiffs 2 to 9 in the suit. So also, the 1^st

defendant died, his legal heirs were impleaded as defendants 5 to 10.

4. The case of original plaintiff is that the entire suit property as listed

in the plaint schedule (item Nos. 1 to 5) are absolute properties of his father

C.R.Rathinam and during his life time, he executed a registered Will dated

01.01.1987 in a sound and disposing state of mind bequeathing the

properties in favour of his eldest son/1^st plaintiff for his life time and after

the life time of 1^st plaintiff, in favour of 1^st plaintiff's sons (seven) and sons

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S.A. Nos.619 & 916 of 2015

to be born to the 1^st plaintiff in future absolutely. Subsequently, the testator

died on 13.01.1991 leaving the aforesaid W