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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved 04/04/2025 Date of Pronounced 29/05/2025 CORAM The Hon'ble Mr.Justice G.ILANGOVAN SA Nos.1549 of 2000 & 827 of 2002 and CMP No.8260 of 2002 (1)SA No.1549 of 2000:
1.N.Gandhi Meenal 2.Nataraja Thevar
3.G.Dhanalakshmi (Died)
4.T.Sathyamoorthy
5.T.Pandian (Died) :Appellants/Appellants 1, 3 to 6/D1,D6,D11,D13 & D8
6.Gurusamy
7.Muthumari : Appellants 6 and 7/
LR.s of the deceased A3 (Appellants 6 and 7 are brought on record as LR.s of the deceased
3rd appellant, vide court order, dated 23/01/2023 made in CMP(MD)
Nos.2342, 2344 and 2345 of 2021 in SA No.1549 of 2000)
8.Rajalakshmi
9.Murugaboopathy : Appellants 8 and 9/
LRs. of the deceased A5 (Appellants 8 and 9 are brought on record as LR.s of the deceased
5th Appellant, vide court order, dated 23/01/2023 made in CMP(MD)
Nos.2342, 2344 and 2345 of 2021 in SA No.1549 of 2000)
Vs.
1.B.Indurani
2.Ukkirapandian (Minor)
3.Muthurathinam
4.Nagajothi (Minor) 5.Deivarani (Minor)
6.Manikandan (Minor)
7.Vasuki(Minor)
8.Indurani (Minor)
(Minors 4 to 8 represented by their guardian, next friend
1st respondent)
9.E.V.Naganathan (Died)
10.Ponnusamy Thevar (Died)
11.A.Sivagnanam
12.Mayilvasagam (Died)
13.Ponnuchami alias Ukkirapandi Thevar
14.Kasinathadurai
15.Poomalai
16.Sankara Iyer : Respondents 1 to 16/
Respondents/
Plaintiffs 1 to 8 and Defendants 2,3,4,7,9,10, 12 and 14
17.Logamatha
18.Jothi Muthuramalingam
19.Vellaichamy Thevar
20.Krishnamoorthy : Respondents 17 to 20/
LR.s of the R9 (R17 to R20 brought on LR.s of the deceased R9, vide court order, dated 10/11/2017 made in MP(MD)Nos.1 to 2011)
21.Uthamaraman
22.Poomalai
23.Nagu
24.Velliammal : Respondents 21 to 24/
LR.s of R10 (R21 to R24 are brought on record as LR.s of deceased R10, vide court order, dated
03/02/2020 made in MP(MD)
Nos.4 to 6 of 2011 in SA No.1549 of 2000)
25.Suriya Prakasam
26.Kottai Eswaran Prakasam
27.Jothi Muthuramalingam
28.T.Gandhimathi
29.T.Kowsalya
30.T.Indhumathi
31.T.Gokula Priya (Minor) : Respondents 25 to 31 (31st Respondent is minor represented by her mother and natural guardian
28th respondent)
(Respondents 25 to 31 are impleaded, Vide court order, dated 02/08/2023 made in CMP(MD)No.1085 of 2022 in SA No.1549 of 2000)
PRAYER:-Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree, dated 22/06/2000 and made in AS No.155 of 1996 on the file of the Additional District Court, Ramanathapuram, confirming the judgment and decree, dated 25/03/1996 in OS No.82 of 1993 on the file of the Sub Court, Ramanathapuram.
For Appellants : Mr.S.Subbiah Senior Counsel for M/s.J.Anandhavalli For 1st Respondent : Mr.T.N.Rajagopalan for Mr.S.Vellaichamy For R2, R3 to R8 : Memo filed (USR No.2845/31/07/2008)
For R9, R10 and R12 : Died For 11th Respondent : Mr.M.P.Senthil For R13 to R16 : Ex-parte For R17 to R20 : Mr.Natarajan Senior Counsel for M/s.Vijayakumari Natarajan For R21 to R24 : No appearance For R25 to R31 : Mr.VR.Shanmuganathan (2)SA No.827 of 2002:
1.E.V.Naganathan (Died) : 1st Appellant/
Appellant/2nd Defendant
2.Lokamatha
3.Jothi Muthu Ramalingam
4.Krishnamoorthy : Appellants 2 to 4/
LR.s of the deceased sole Appellant (Appellants 2 to 4 are brought on record as LR.s of the deceased sole appellant, vide Court order, dated 23/01/2023 made in CMP(MD)
Nos.2504, 2505 and 2507 of 2020 in SA No.827 of 2002)
Vs.
1.P.Indrani
2.Ukkirapandiyan
3.N.Muthurathinam
4.Nagajothi 5.Deivarani
6.Manikandan
7.Vasuki
8.N.Indurai : Respondents 1 to 8/
Respondents 1 to 8/
Plaintiffs
9.Gandhi Meenal : 9th Respondent/R9/
1st Defendant
10.P.Ponnuchamy Thevar (Died)
11.A.Sivagnanam
12.Murugesan
13.Nataraja Thevar
14.Mayilvasagan (Died)
15.T.Pandi (Died)
16.Ponnusamy @ Ukkirapandi Thevar
17.R.Kasinathadurai
18.Dhana Lakshmi (Died)
19.Poomalai
20.Sathya Murthy
21.Sankara Iyer : Respondents 10 to 21/
Respondents 10 to 21/
Defendants 3 to 14
22.Uthamaraman
23.Poomalai
24.Nagu
25.Vellaimmal :Respondents 22 to 25/
(Respondents 22 to 25 are brought LR.s of the deceased on record as LR.s of the deceased 10th Respondent
10th respondent, vide court order, dated 23/01/2023 made in CMP(MD)
Nos.2677 to 2679 of 2020 in SA No.827 of 2002) 26.Suriya Prakasam
27.Dhana Chandra Prakasam (Died)
28.Kottai Eswara Prakasam
29.Jothi Muthuramalingam : Respondents 26 to 29/
LR.s of the deceased
14th Respondent (R26 to 29 are brought on record as LR.s of the deceased
14th respondent, vide court order, dated 23/01/2023 made in CMP(MD)
Nos.3351, 3353 and 3354 of 2020 in SA No.827 of 2002)
30.Rajalakshmi
31.Murugaboopathy : Respondents 30 and 31/
LR.s of the deceased
15th Respondent (Respondents 30 and 31 are brought on record as LR.s of the deceased 15th respondent, vide court order, dated 30/06/2023 made in CMP(MD) Nos.1851, 1854, 1856, 1858, 1860 and 1861 of 2023 in SA No.827 of 2002)
32.Gurusamy
33.Muthumari : Respondents 32 and 33/
LR.s of the deceased
18th Respondent (Respondents 32 and 33 are brought on record as LR.s of the deceased 18th respondent, vide Court order, dated 30/06/2023 made in CMP(MD)Nos.1851, 1854, 1856, 1858, 1860 and 1861 of 2023 in SA No.827 of 2002)
34.Gandhimathi
35.Kowsalya
36.Indhumathi
37.Minor.Gokila Priya : Respondents 34 to 37/
LR.s of the deceased
27th Respondent (37th respondent is minor represented by her mother and natural guardian 34th Respondent herein)
(Respondents 34 to 37 are brought on record as LR.s of the deceased 27th respondent, vide court order, dated 02/08/2023 made in CMP(MD)
Nos.1863 to 1865 of 2023 in SA No.827 of 2002)
PRAYER:-Second Appeal is filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree made in AS No.154 of 1997 on the file of the Additional District Judge and Chief Judicial Magistrate Court, Ramanathapuram, dated 22/06/2000 which confirms the judgment and decree made in OS No.82 of 1993 on the file of the Sub Court, Ramanathapuram, dated 25/03/1996.
For Appellants : Mr.Natarajan Senior Counsel for M/s.Vijayakumari Natarajan For R1, R3 to R8 : Mr.T.N.Rajagopalan for Mr.S.Vellaichamy For R2, R11 & R13 : Died For R10, R14, R15, R18 & R27 : Died (Steps taken)
For R12, R16, R17, R19 and R21 : Ex-parte For R9 and R20 : Mr.S.Subbiah Senior Counsel for M/s.J.Anandhavalli For R26, R28 & R29 : Mr.VR.Shanmuganathan For 22th Respondent : Mr.R.Babu Jaganath For R23 and R24 : Insufficient Address For R25 : Left For R30 to R37 : No appearance
COMMON J UDGMEN T
1.SA No.1549 of 2000 is filed against the judgment and decree, dated 22/06/2000 passed in AS No.155 of 1996 by the Additional District Judge, Ramanathapuram, confirming the judgment and decree, dated 25/03/1996 passed in OS No. 82 of 1993 by the Sub Court, Ramanathapuram, whereas SA No. 827 of 2002 has been filed against the judgment and decree passed in AS No.154 of 1997 by the Additional District Judge-cum-Chief Judicial Magistrate, Ramanathapuram, dated 22/06/2000, confirming the judgment and decree passed in OS No.82 of 1993 by the Sub Court, Ramanathapuram, dated 25/03/1996.
2.The plain t :-
(i)Before starting the plaint averments, it is to be noted that there are several women in the name of Indurani, we will call by I, II, III with names.
(ii)The suit properties mentioned in the plaint schedule as A to C originally belongs to U.Muthuramalinga Thevar. Muthuramalinga Thevar and Janakiammal were childrens of one Ukkirapandi Thevar through the first wife by name Indurani I. Ukkirapandi Thevar's other wife was Nagammal. Through Nagammal, one Indurani II was born. Muthuramalinga Thevar's Sister Janakiammal died during her childhood. Muthuramalinga Thevar died on, 29/10/1963. He was unmarried and so, his sister Indurani II, the grandmother of the plaintiffs became entitled to the properties of Thevar. Indurani II died in 1986 leaving one Muthuramalingam and Nagoorkani @ Rajamani Ammal as childrens. The plaintiffs 1 to 3 are the childrens of Nagoorkani @ Rajamani Ammal. The plaintiffs 4 to 8 are the childrens of Muthuramalingam, who died on 09/03/1992. Nagoorkani @ Rajamani Ammal, died on 13/02/1988.
(iii)The suit properties were admittedly the properties belonged to Muthuramalinga Thevar. One Durai Raj Thevar was acting as Power Agent of Late Muthuramalinga Thevar. After the death of Muthuramalinga Thevar, Durai Raj Thevar filed a suit in OS No.1 of 1964 on the file of the District Court, Ramnad, which was later transferred to Sub Court, renumbered as OS No.19 of 1964. During the pendency of the suit, Receiver was appointed, but later, that suit was dismissed on technical grounds.
(iv).One Thayumanaswamy and others filed suit in OS No.9 of 1970 stating that they are the step brothers and legal-heirs of Late Muthuramalinga Thevar; They claimed title over the properties on that basis. The grand-mother of the plaintiffs, Indurani II was impleaded as 5th defendant in that suit. That suit was dismissed. But the subject matter of the suit was different. But the Receiver continued the work. One Thangavel Thevar and Chellasamy Thevar claimed that they are the legal-heirs of Muthuramalinga Thevar through his Aunt. That Thangavel Thevar is the son of Meenal. Meenal is the sister of Ukkirapandi Thevar. The daughter of Thangavel is the first defendant herein.
(v)The first defendant Gandhi Meenal filed a suit in OS No.161 of 1979 on the file of the Sub Court, Ramnad. In that suit, the grand-mother of the plaintiffs, Indurani II was the 18th defendant. Nagoorkani @ Rajamani Ammal and Muthuramalingam were impleaded as defendants 19 and 20. During the course of the trial, the first defendant withdrew the case against Nagoorkani @ Rajamani Ammal and Muthuramalingam. After deleting Muthuramalingam and Nagoorkani @ Rajamani Ammal, a compromise was entered between the first defendant and others, by which a Trust called 'PASUMPON MUTHURAMALINGA THEVAR ARAKKATTALAI' was formed. But that Arakkattalai never came into effect. Since compromise was entered after deleting Nagoorkani @ Rajamani Ammal and Muthuramalingam, the decree is not binding upon the present plaintiffs.
(vi)Now the defendants are attempting to take forcible possession of the suit properties under the colour of executing the decree in OS No.161 of 1979. The defendants 1, 5 to 10 claimed that they are the representatives of the Trust.
(vii)As mentioned above, in the suit OS No.19 of 1964 even though Receiver was appointed, he never took the possession of 'A' schedule propertie
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