K.Rajeswari (Died) 1.A.KALAVATHI v. N.Palanivel Chettiar
Partition suit (C.S.No.954 of 2008) – interim rental
Case brief
What is this about?
Madras High Court, O.S.A. No.330 of 2025, decided 13.10.2025 (Coram: S.M.Subramaniam and Mohammed Shaffiq, JJ.; judgment by S.M.Subramaniam, J.). Appeal against interim order dated 29.04.2025 in Application No.687 of 2020 in partition suit C.S.No.954 of 2008 fixing interim payment of Rs.29,625/- by defendants 1 to 6 to plaintiff-appellants towards advance rental share. Held: enhancement of interim rental must be sought before the Trial Judge with evidence, not in appeal; appeal dismissed with liberty, no costs. Keywords: Original Side Appeal, partition, interim rental/advance rental, enhancement application, Order XXXVI Rule II Original Side Rules, Clause 15 Letters Patent, C.S.No.954 of 2008.
What did the court decide?
Original Side Appeal dismissed; liberty granted to the appellants to establish their case through evidences and documents before the learned Trial Judge, including by filing an application for enhancement of the interim rental amount; no order as to costs; Trial Judge requested to dispose of C.S.No.954 of 2008 expeditiously.