IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON: 19.11.2025 PRONOUNCED ON: 28-11-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL SA No. 514 of 2016 AND CMP NO. 9128 OF 2016

1. Shankari(died), W/o. Shanmugam@janarthanan,Res At

1 To 4 No.75, Aruganthampoondi, Big Street, Thottapalayam, Vellore-4.

Shanmugam @ Janarthanan (died). and

8 Others

2.J.Ravichandran S/o. Shanmugam@janarthan.

3.J.Anbarasu S/o. Shanmugam@janarthan.

4.J.Mohan S/o. Shanmugam@janarthan.

5. MALA W/o. Kumaresan, D/o.

Shanmugam@janarthanan, Venkatachalam Mudali Street, Renipet, Walajah Tk.

6.J.Baskaran S/o. Shanmugam@janarthan. Res At, No.75, Aruganthampoondi Big Street, Thottapalayam, Vellore-4.

7. INDIRA W/o. S.Udhayakumar, D/o.

Shanmugam@janarthanan, 2nd Cross Road, Gandhi Nagar, Vellore-6.

8.Delhi @thamizharasi W/o. A.Gopal, D/o.

Shanmugam@janarathanan, Venkatachalam Street, Rani Pet, Walajah.

9.J.Anandha Kumar S/o. Shanmugam@janarthan, Res At, No.75, Aruganthampoondi, Big Street, Thottapalayam, Vellore-4.

[Appellant 2 To 9 LRs Of The Deceased 1st Appellant(s)

Appellant Viz Shankari as Per Memo Dated 21/10/2021(SR31358), made in SA.514/2016].

Vs

1. V.Gnaesa Mudhaliar(died)

S/o. Venkatesa Mudaliar, Both Res At, No.72, Aruganthampoondi, Big Street, Thottapalayam, Vellore-4.

2.V.Subramania Mudaliar(died), S/o. Venkatesan Mudaliar.

3.G.Banumathi, W/o. V. Ganesa Mudaliar No. 72, Aruganthampoondi, Big Street, Thottapalayam, Vellore-4.

4.Geetha, D/o. V. Ganesa Mudaliar No. 72, Aruganthampoondi, Big Street, Thottapalayam, Vellore-4.

5.G.Jothilingam, S/o. V. Ganesa Mudaliar No. 72, Aruganthampoondi, Big Street, Thottapalayam, Vellore-4.

6.Santhi, D/o. V. Ganesa Mudaliar No. 72, Aruganthampoondi, Big Street, Thottapalayam, Vellore-4.

7.G.Meganathan, S/o. V. Ganesa Mudaliar No. 72, Aruganthampoondi, Big Street, Thottapalayam, Vellore-4.

8.Sumathi, D/o. V. Ganesa Mudaliar No. 72, Aruganthampoondi, Big Street, Thottapalayam, Vellore-4.

9.V.S.Pichandi, S/o. V. Subramania Mudaliar No. 72/213, Aruganthampoondi, Big Street, Thottapalayam, Vellore- 632

004.

10.P.Manjula, D/o. V. Subramania Mudaliar No. 54/2 Perithanadanam Subbaraya Mudali Street, Velapadi Vellore

11.B.Sujatha, D/o. V. Subramania Mudaliar No. 7, 3rd Main Road Rajiv Gandhi Nagar, Allapuram Vellore Respondents 3 To 8 brought on record as LRs for Respondent(s)

the Deceased R1 Viz V.Ganesa Mudaliar and the respondents 9 To 11 brought on record as LRs of the Deceased R2 Viz V.Subramania Mudaliar Vide Court Order Dated 4/1/2022 made in CMP Nos.19508, 19515, 19522 And 19530/2021 In SA.514/2016.

PRAYER: The Second Appeal has been filed under Section 100 of Code of Civil Procedure against the judgment and decree dated 01.02.2016 in A.S. No.16 of 2013 and Cross Appeal on the file of the I Additional District and Sessions Judge, Vellore confirming the Judgment and decree dated 30.03.2012 in O.S. No.142 of 2000 on the file of the Subordinate Judge, Vellore.

For Appellant(s): Mr. T.R. Rajagopalan, Senior Counsel M/s.P.Veena Suresh For Respondent(s): M/s.V.Srimathi For R2 To R11 R1 - Died ORDER The Second Appeal has been preferred as against the decree and judgment passed by the First Appellate Court in A.S.No.16 of 2013 on the file of the I Additional District and Sessions Judge, Vellore dated 01.02.2016, wherein the respondents 1 and 2 herein, being the Plaintiffs, have filed a Suit for the relieves of declaration to declare the title over the Plaintiffs, for recovery of possession and for mesne profits and the Suit was decreed in respect of declaration and recovery of possession and the Suit was dismissed in respect of mesne profits. Aggrieved by the said decree and judgment, the defendants have preferred an appeal in A.S. No.16 of 2013 and the Plaintiffs have filed Cross objections in respect of mesne profits. The First Appellate Court dismissed the appeal filed by the appellants / defendants by confirming the decree and judgment of the trial Court and Cross objection filed by the Plaintiffs was allowed. Aggrieved by the said decree and judgment