R.Gowri, v. T.Revathi
Case brief
What is this about?
Second appeals against the preliminary decree in partition and injunction suits. The bench held that the preliminary decree should specify demarcation based on admitted facts of demolition and reconstruction, directing the trial court to pass the final decree within three months.
What did the court decide?
The preliminary decree is modified to include the 4-foot pathway in the 2/3rd share; the trial court is directed to pass the final decree demarcating the exact boundaries within three months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.4.2011
Coram:
THE HONOURABLE MR.JUSTICE G.RAJASURIA
S.A.Nos.339 and 340 of 2011
1.R.Gowri
2.Jayasankar
3.Paranthaman
4.Kanthavel
5.Kanjana
6.Poongothai
7.Anandan ... Appellants in
S.A.No.339 of 2011
Anandan ... appellant in
S.A.No.340 of 2011
vs.
1.T.Revathi ...1st Respondent in both the
second appeal
2.Selvaraj ...2nd respondent in S.A.No.339
of 2011
3rd Respondent in SA.340/11
3.Saroja ...3rd Respondent in S.A.
No.339/11 and
2nd Respondent in S.A.340/11
These second appeals are filed against the judgement and decrees dated 23.4.2010 passed by the 3rd Additional City Civil Court, Chennai, in A.S.Nos.347 and 348 of 2009 confirming the judgement and decrees dated 28.1.2009 passed by the 14th Assistant City Civil Court, Chennai, in O.S.No.8614 of 2006 & O.S.No.6175 of 2006, respectively.
For Appellant : Mr.M.L.Ramesh in both the S.As. For Respondents : Mr.Manickavel for R1 to R3 in both SAs.
Issues for consideration
3 issues framed by the court
Whether the trial court erred in not specifying the exact demarcated portions in the preliminary decree given the admitted demolition and reconstruction by the respondents.
Whether the dismissal of the suit for permanent injunction was correct in view of the decree for partition found in the common judgment.
Whether the 4 feet width pathway should be included in calculating the 2/3rd share of the respondents for demarcation purposes in the final decree.
Parties & counsel
- appellant
R.Gowri
- appellant
Jayasankar
- appellant
Paranthaman
- appellant
Kanthavel
- appellant
Kanjana
- appellant
Case details
As recorded by the court registry
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