Partly allowed

Mrs.C.Chamundeeswari(died) v. Mrs.S.Rathinammal

Madras HC10 Jul 2017A/2065/2017

Case brief

AI extract

What is this about?

This order by the Madras High Court granted a stay of trial to allow defendants to reopen evidence and recalled a defendant witness. The trial is to be conducted on a day-to-day basis with a completion deadline of 11.08.2017, followed by arguments on 21.08.2017.

What did the court decide?

Permission granted to reopen evidence and recall third defendant D.W.3 for examination. Trial to be completed on or before 11.08.2017.

Mrs.C.Chamundeeswari(died) Vs Mrs.S.Rathinammal — Partition | Madras HC (2017)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

(ORDINARY ORIGINAL CIVIL JURISDICTION)

¶4

MONDAY, THE 10TH DAY OF JULY 2017

¶5

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

¶6

A.No.2065 AND 2066 of 2017 in C.S.No.610 of 2013

¶7

C.S.NO.610 OF 2013:

¶8

Mrs.S.Rathinammal W/o.Late S.Shanmugam

¶9

Mr.S.Kumaravelu S/o.Late S.Shanmugam

¶10

Mr.S.Saravana Kumar S/o.Late S.Shanmugam

¶11

All residing at No.29, Lakshmiamman Koil Street, Perambur, Chennai - 600 011.

¶12

.. Plaintiffs

¶13

¶14

Mrs.C.Chamundeeswari (SINCE DEAD) W/o.Late S.Chandrasekaran

¶15

Mrs.S.Dhanalakshmi D/o.Late S.Chandrasekaran W/o.G.Shanmugam

¶16

Mr.C.Sivasubramaniam S/o.Late S.Chandrasekaran

¶17

Mr.C.Balasubramaniam S/o.Late S.Chandrasekaran

¶18

(Defendants 2 to 4 are recorded as LRS of the died 1^st defendent as perorder dated 20/07/2016 on memo in cs 610/2013)

¶19

Mr.S.Arumugam S/o.Late M.P.Subramania Mudaliar

¶20

Mr.S.Dhakshinamoorthy S/o.Late M.P.Subramania Mudaliar

¶21

¶22

Mr.S.Vedachalam S/o.G.Shanmugam 8. Mr.S.Geethypriyan S/o.G.Shanmugam 9. Minor S.Nava Vignesh S/o.C.Sivasubramaniam Rep. by his father and natural guardian Mr.C.Sivasubramaniam 10. Minor S.Narayanamoorthi S/o.C.Sivasubramaniam Rep. by his father and natural guardian Mr.C.Sivasubramaniam 11. Minor B.Sakthivel S/o.C.Balasubramaniam Rep. by his father and natural guardian Mr.C.Balasubramaniam 12. Minor Thirumoorthy S/o.C.Balasubramaniam Rep. by his father and natural guardian Mr.C.Balasubramaniam Defendants/Respondents 1 to 12 all residing at 202, Paper Mills Road, Perambur, Chennai - 600 011.

¶23

Mr.S.N.Thiyagarajan S/o.Mr.Nataraja Boopathy 14. Mr.T.Manivannan S/o.S.N.Thiyagarajan 15. Mr.T.Ravindran S/o.S.N.Thiyagarajan 16. Mr.T.Rajkumar S/o.S.N.Thiyagarajan

¶24

Defendants/Respondents 13 to 16 all residing at No.25, Second Lane, Madhavaram High Road, Perambur, Chennai - 600 011. ..Defendants

¶25

..Defendants

¶26

¶27

A.NO.2065 OF 2017:

¶28

Mrs.C.Chamundeeswari (died) W/o.Late S.Chandrasekaran

¶29

Mrs.S.Dhanalakshmi D/o.Late S.Chandrasekaran W/o.G.Shanmugam

¶30

Mr.C.Sivasubramaniam S/o.Late S.Chandrasekaran

¶31

Mr.C.Balasubramaniam S/o.Late S.Chandrasekaran

¶32

Mr.S.Vedachalam S/o.G.Shanmugam

¶33

Mr.S.Geethypriyan S/o.G.Shanmugam

¶34

All residing at 202, Paper Mills Road,

¶35

Perambur, Chennai - 600 011.

¶36

...Applicant/Defendant 1 to 4 & 7& 8 (In all the application)

¶37

-Vs-

¶38

Mrs.S.Rathinammal W/o.Late S.Shanmugam

¶39

Mr.S.Kumaravelu S/o.Late S.Shanmugam

¶40

Mr.S.Saravana Kumar S/o.Late S.Shanmugam

¶41

All residing at No.29,

¶42

Lakshmiamman Koil Street,

¶43

Perambur, Chennai - 600 011.

¶44

...Respondents 1 to 3/plaintiffs

¶45

Mr.S.Arumugam S/o.Late M.P.Subramania Mudaliar

¶46

Mr.S.Dhakshinamoorthy S/o.Late M.P.Subramania Mudaliar

¶47

Minor S.Nava Vignesh

¶48

¶49

S/o.C.Sivasubramaniam

¶50

Rep. by his father and natural guardian Mr.C.Sivasubramaniam

¶51

Minor S.Narayanamoorthi S/o.C.Sivasubramaniam

¶52

Rep. by his father and natural guardian Mr.C.Sivasubramaniam

¶53

Minor B.Sakthivel S/o.C.Balasubramaniam

¶54

Rep. by his father and natural guardian Mr.C.Balasubramaniam

¶55

Minor Thirumoorthy S/o.C.Balasubramaniam Rep. by his father and natural guardian Mr.C.Balasubramaniam

¶56

All residing at 202, Paper Mills Road, Perambur, Chennai - 600 011.

¶57

Mr.S.N.Thiyagarajan S/o.Mr.Nataraja Boopathy 11. Mr.T.Manivannan S/o.S.N.Thiyagarajan

¶58

Mr.T.Ravindran S/o.S.N.Thiyagarajan

¶59

Mr.T.Rajkumar S/o.S.N.Thiyagarajan

¶60

All residing at No.25, Second Lane, Madhavaram High Road, Perambur, Chennai - 600 011. ...Respondents/Defendants (In all the Application)

¶61

Application praying that this Hon'ble Court be pleased to re-open the Defendants 2 to 8 side evidence in C.S.No.610 of 2013 pending on the file of this Hon'ble Court.

¶62

¶63

A.NO.2066 OF 2017:

¶64

Application praying that this Hon'ble Court be pleased to re-call 3^rd defendant Mr.C.Sivasubramaniam to examine himself as Dw3 C.S.No.610 of 2013 pending on the file of this Hon'ble Court.

¶65

This Application coming on this day before this

¶66

court for hearing the court made the following order:

¶67

defendant seeking permission to examine himself as D.W.3.

¶68

It appears that the evidence has been closed on behalf of the defendants and consequently these two applications have been filed to reopen and to recall.

¶69

The suit is for partition. Naturally, in a suit for partition, evidence of the witnesses are necessary to determine the shares of each of the parties.

¶70

respondents/plaintiffs, who has not placed substantial objections, but has insisted that the Court should hear the matter on day-to-day basis. This request is reasonable. The witness, namely, D.W.3, who is the third defendant Sivasubramaniam is to appear before the learned Additional Master No.III on 24.7.2017 and the examination of the said witness is to be conducted on day to-day basis. Even if adjournments are required, the gap between two

¶71

¶72

adjournments should not exceed more than two working days. The trial should be completed on or before 11.08.2017.

¶73

Post the suit before this court for

¶74

arguments on 21.8.2017.

¶75

10.07.2017

¶76

//Certified to be a true copy//

¶77

Dated this the th day of 2017.

¶78

EM/13.07.2017 COURT OFFICER

¶79

From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

Mrs.C.Chamundeeswari(died) v. Mrs.S.Rathinammal

Case brief

What is this about?

What did the court decide?

Mrs.C.Chamundeeswari(died) v. Mrs.S.Rathinammal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mrs Prema Vs Indian Oil Corporation Ltd.

V.Shantha kumar Vs

Mrs.Leela Ramakrishnan Vs Malabar Hotels Private

Alltran Worldwide Logistics Vs Owners and Parties Interested

G.Gnanatheeban Vs K.Bashyam

Preetha Rathnam Muthanna Vs Rm.Ar.Senthilnathan