The High Court of Madras dismissed a second appeal in a partition suit. It held that title declaration depends on preliminary decree findings and that rights must be adjudicated based on principles of shares, warranting re-adjudication in a fresh suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
S.A.No.1474 of 1999
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2022
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Second Appeal No.1474 of 1999
R.Ponnusamy (Deceased)
2.Palaniammal
3.P.Dhandapani
4.Selvarani ... Appellants (Appellants 2 to 4 brought on record as LRs of the deceased sole appellant vide order of the Court made in CMP Nos.1934 to 1936 of 2003)
Versus
1.Lakshmiammal 2.Ramasamy
3.Saraswathi
4.Veeramasathiammal 5.Nagammal
6.Kannammal
7.Govindan
8.Nagarajan 9.Ayyasamy 10.Venkatammal 11.Seethalakshmiammal ... Respondents
Prayer: The Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and Decree dated 04.04.1997 made in A.S.No.59 of 1993, on the file of the Principal Subordinate Judges Court, Coimbatore partly allowed the Judgment and decree dated 09.04.1992 made in O.S.No.1750 of 1979 on the file of the III Additional District Munsif Court at Coimbatore.
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S.A.No.1474 of 1999
For Appellants : Mr.P.Dinesh Kumar For Mr.T.Manikandan
For R5 to R9 : Mr.V.Nicholas
JUDGMENT
Connected S.A.No.19 of 2000 had been allowed by remanding
the matter back to the III Additional District Court at Coimbatore for fresh consideration. The primary issue in this Second Appeal is declaration of title. That declaration of title can be granted only when the preliminary decree affirms right of the appellants as the shares will have to be worked out only in the preliminary decree.
are to be adjudicated in O.S.No.1860 of 1967 wherein, a fresh preliminary decree may be passed in accordance with the shares of each one of the parties. No costs.
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ssi Index:Yes/No Speaking Order : Yes/No
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S.A.No.1474 of 1999
To
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S.A.No.1474 of 1999
C.V.KARTHIKEYAN,J., ssi
S.A.No.1474 of 1999
08.07.2022 (3/3)
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2 issues framed by the court
Whether the Second Appeal against preliminary and final decree in partition suit deserves interference.
Whether declaration of title alone is sufficient without quantification of shares of parties.
R.Ponnusamy (Deceased) and Others
Lakshmiammal and Others
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
