Three appeal suits arising from a partition suit in O.S.No.13 of 1994 were dismissed as abated because key parties had died and no steps for substitution had been taken.
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.
A.S.Nos.296, 690 and 775 of 1997
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
A.S.Nos.296, 690 and 775 of 1997 and
C.M.P.No.4390 of 1997
A.S.No.296 of 1997:
T.K.Ramachandran ...
Appellant
Vs.
1.T.K.Surendranathan
2.T.K.Sachindranathan 3.T.K.Sathyendranathan
4.T.K.Salilakumari
5.Dalia (minor)
[Represted by mother next friend Salilakumari]
6.T.K.Sahadevan
7.T.K.Kousalya
8.V.C.Janardhanan
9.T.K.Chandrasekharan 10.T.K.Sukumaran 11.Ponnambath Thambrakandi Leela
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A.S.Nos.296, 690 and 775 of 1997
12.Krishnaveni
13.Lathika
14.Sherily 15.T.K.Ravindranathan 16.A.K.Devaki 17.M.Jayaraman 18.M.Balram 19.V.C.Janaki 20.T.Bhaskaran 21.T.Vasanthakumari 22.Lisa 23.Lithesh 24.Linda (minor) [Represented by mother Vasanthakumari] 25.T.K.Vijayan 26.A.K.Sivanandan 27.A.K.Sadanandan 28.A.K.Vijayalakshmi
... Respondents
Prayer in A.S.No.296 of 1997 : Appeal Suit filed under Section 96 of the Code of Civil Procedure, praying to set aside the decree and judgment dated 22.08.1996 passed in O.S.No.13 of 1994 on the file of the Subordinate Judge, Mahe.
For Appellant : Mr.V.K.Sathiamurthy For Respondents : M/s.Northon & Grant for R1 to R5
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A.S.Nos.296, 690 and 775 of 1997
Mr.G.Sathish Kumar for R12 to R14
RR2, 7, 8, 12 to 14, 16 to 24, 26, 27
– No appearance
RR6, 9, 10, 25 – Died
A.S.No.690 of 1997:
1.Ponnambath Thambrankandi Leela
4.Sherly ... Appellants
Vs.
1.T.K.Surendranathan
7.T.K.Kousalya
10.T.K.Ramachandran
11.T.K.Sukumaran 12.T.K.Ravindranathan
13.A.K.Devaki
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A.S.Nos.296, 690 and 775 of 1997
14.M.Jayaraman
15.M.Balram
16.V.C.Janaki 17.P.Bhaskaran 18.T.Vasantha Kumari 19.Lisa 20.Lithesh 21.Linda (minor) [Represented by mother Vasantha Kumari] 22.T.K.Vijayan 23.A.K.Sivanandan 24.A.K.Sadanandan 25.A.K.Vijayalakshmi
... Respondents
Prayer in A.S.No.296 of 1997 : Appeal Suit filed under Section 96 of the Code of Civil Procedure, praying to set aside the decree and judgment dated 22.08.1996 passed in O.S.No.13 of 1994 on the file of the Subordinate Judge, Mahe.
For Appellants : Mr.K.Natarajan For Respondents : M/s.Northon & Grant for R1 to R5 RR9 and 11 – died
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A.S.Nos.296, 690 and 775 of 1997
A.S.No.775 of 1997:
1.T.K.Surendranathan 2.T.K.Sachindranathan 3.T.K.Sathyendranathan 4.T.K.Salilakumari 5.Dalia (minor) [Represted by mother next friend Salilakumari]
... Appellants
Vs.
1.T.K.Sahadevan 2.T.K.Kousalya 3.V.C.Janardhanan 4.T.K.Chandrasekharan 5.T.K.Ramachandran 6.T.K.Sukumaran (Deceased) 7.Ponnambath Thambrakandi Leela 8.Krishnaveni 9.Lathika 10.Sherly 11.T.K.Ravindranathan 12.A.K.Devaki 13.M.Jayaraman 14.M.Balram 15.V.C.Janaki 16.T.Bhaskaran 5/8
A.S.Nos.296, 690 and 775 of 1997
17.T.Vasanthakumari 18.Lisa
19.Lithesh
20.Linda (minor) [Represented by mother Vasanthakumari] 21.T.K.Vijayan (Died) 22.A.K.Sivanandan 23.A.K.Sadanandan 24.A.K.Vijayalakshmi 25.Somakanthi w/o.Late Vijayan 26.Sayooj (minor) 27.Swarup (minor)
[Minors repreted by Guardian and mother Somakanthi] 28.Rasitha w/o.T.K.Sukumaran 29.Geena 30.Deepa 31.Rajesh ... Respondents
Prayer in A.S.No.775 of 1997 : Appeal Suit filed under Section 96 of the Code of Civil Procedure, praying to set aside the decree and judgment dated 22.08.1996 passed in O.S.No.13 of 1994 on the file of the Subordinate Judge, Mahe.
For Appellant : M/s.Northon & Grant For Respondents : Mr.Syed Mustafa for RR3, 7 to 10, 22 to 24 Mr.V.Venkatasamy for RR25 to 27 RR1, 4, 6, 21 – died
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A.S.Nos.296, 690 and 775 of 1997
C O M M O N J U D G M E N T
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
It is stated that the 1st appellant as well as the respondents 2, 6, 8, 9, 11, 22, 24 and 25 in A.S.No.690 of 1997 are no more. The learned counsel seeks time to take steps. The respondents 6, 9, 10 and 25 in A.S.No.296 of 1997 are shown as dead. In A.S.No.775 of 1997, it is stated that the 1st respondent had died even in the year 1999 and no steps have been taken.
2. Hence, all these appeals are dismissed as abated. No costs.
Consequently, the connected miscellaneous petition is closed.
(R.S.M., J.) (R.S.V., J.) 12.04.2024
dsa Index : No Internet : Yes Neutral Citation : No Non-Speaking order To
The Subordinate Judge, Mahe.
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A.S.Nos.296, 690 and 775 of 1997
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
dsa
A.S.Nos.296, 690 and 775 of 1997
12.04.2024
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T.K.Ramachandran
T.K.Surendranathan
Ponnambath Thambrankandi Leela
Krishnaveni
Lathika
Sherly
R.Subramanian
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
