Kuppammal Vs Smt.Meenakshiammal(Died) — Madras HC (2025) — LawSathi Research

Kuppammal Vs Smt.Meenakshiammal(Died) — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Correction of the decrees in SA Nos. 715 & 716 of 2004 to record the specific extents discussed in the judgment: S.A.No.715 - appellants allotted 800 sq.ft. at the frontage and the four daughters of Meenakshiammal the remaining 1600 sq.ft.; S.A.No.716 - appellants (legal heirs of Kuppammal) entitled to 30 cents in S.No.31/7, Seruvangi Village, Gudiyatham Taluk, Vellore District (Item 3), and the four daughters to the remaining 1.76 acres in S.Nos.30, 31/2, 31/3, 33/4, 51/1 and 50/2 (around 44 cents each); both parties may approach the trial court for final decree, to be disposed of within three weeks; no costs; Registry directed to issue corrected decrees with the judgment.

Issue for consideration

Whether the decrees in SA Nos. 715 & 716 of 2004, as drafted, omitted the specific extents in the survey numbers discussed in paragraphs 12 to 15 of the judgment and therefore required correction.

Court's answer

Taking note of counsel's submission and on perusal of the decree, the Court deemed it fit to correct the decree so as to state the specific extents in the survey numbers discussed in the judgment.

Ratio / Principle

In the corrected decree, the judgment and decree dated 26.02.2003 made in A.S.No.5 of 2001 on the file of the Subordinate Court, Gudiyatham stand set aside.

Key takeaways

In S.A.No.715 of 2004, the appellants are allotted 800 sq.ft. at the frontage of the suit property.ratio¶32
In S.A.No.715 of 2004, the four daughters of Meenakshiammal, namely Pushpa Ammal, Salammal, Sivapushanam and Vijaya, are allotted the remaining 1600 sq.ft. in the suit property.ratio¶34
In S.A.No.716 of 2004, the appellants are the legal heirs of Kuppammal.ratio

Detailed headnote1 paragraphs

Madras High Court (T.V. Thamilselvi J.), order dated 02-01-2026, passed on a mention ('for being mentioned') in SA Nos. 715 & 716 of 2004: finding that the decree had not been properly drafted with regard to the specific extent in the survey numbers discussed in paragraphs 12-15 of the judgment, the Court corrected the decrees. S.A.No.715 of 2004: judgment and decree dated 26.02.2003 in A.S.No.5 of 2001 (Subordinate Court, Gudiyatham) set aside; appellants allotted 800 sq.ft. at the frontage of the suit property; the four daughters of Meenakshiammal (Pushpa Ammal, Salammal, Sivapushanam, Vijaya) allotted the remaining 1600 sq.ft. S.A.No.716 of 2004: same first-appeal judgment and decree set aside; appellants, as legal heirs of Kuppammal, entitled to 30 cents in S.No.31/7, Seruvangi Village, Guidyatham Taluk, Vellore District (Item 3); the four daughters entitled to the remaining 1.76 acres in S.Nos.30 (0.29 acres), 31/2 (0.04 acres well and pumpset), 31/3 (0.33 acres), 33/4 (0.06 acres), 51/1 (0.27 acres) and 50/2 (0.77 acres), around 44 cents each. Both parties may approach the trial court for final decree applications, to be disposed of within three weeks of receipt of the order; no costs in the Second Appeals; Registry directed to issue corrected decrees along with the judgment.

SA Nos. 715 & 716 of 2004

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI SA No. 715 & 716 of 2004

Kuppammal W/o.Late Gajendran 2.Arulmozhi 3.Elangovan 4.Thiruselvi 5.Thirumaldevi 6.Senthil 7.Latha W/o.Late Neduchezhian Appellant(s) Vs

Smt.Meenakshiammal(died) W/o.R.K.Duraisamy Mudali Gudiyatham Town Vellore Dist 2.K.V.Krishnan(died) -R2 given up. Memo recorded.

2.Saravanan

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SA Nos. 715 & 716 of 2004

3.Jagadeeswaran

4.D.Pushpa Ammal W/o N.Shanmugam 42 Gandhi Road, Nadupettai, Gudiyatham 632 602

5.D.Salammal W/o G.Ethirajan At No.14/35 Konda Samuthiram, Puth Theru, Gudiyatham 632 602

6.D.Sivapushanam W/o D.R.Velayutham L-27, 26th Street, Anna Nagar East, Ch-102.

7.D.Vijaya W/0 R.Kumaresan 1st Aplnt Recorded As Lr And Rr4 To 7 B/r As Lrs Of The Deceased R1 Vide Order Of Ct Dt., 06.1.11 Made In Cmp.1664/10

Respondent(s)

For Appellant(s): Mr.P.Mani

For Respondent(s): Mr.A.Sivaji For R4 To R7 R-2 - No Appearance Mr. M. Tamil Thendaral Arasu For R3 R1, R4 To R7 and R5- Died

ORDER

This matter is listed today under the caption “for being mentioned”.

Learned counsel for the appellant submits that as per the judgment ,

decree has not been properly drafted with regard to the specific extent in the survey numbers as discussed in the judgment in paragraphs 12, 13, 14 and 15. Therefore, decree has to be drafted with the specific extent.

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SA Nos. 715 & 716 of 2004

Taking note of the above submission and perusing the decree, this court

deems it fit to correct the decree as under:-

S.A.No.715 of 2004:-

1.That the judgment and decree dated 26.02.2003 made in A.S.No.5 of

2001 on the file of the Subordinate Court, Gudiyatham be and hereby set aside.

2.That the appellants be and hereby are allotted 800 sq.ft., at the frontage

in the suit property.

3.That the four daughters of Meenakshiammal namely Pushpa Ammal, Salammal, Sivapushanam and Vijaya be and hereby allotted the remaining 1600 sq.ft., in the suit property.

4.That both parties shall be entitled to approach the trial court for filing

final decree application for division of the suit property.

That the trial court be and hereby directed to dispose of the final decree application within three weeks from the date of receipt of this order.

6.That there be no costs in the Second Appeal.

S.A.No.716 of 2004:-

That the judgment and decree dated 26.02.20203 made in A.S.No.5 of

2001 on the file of the Subordinate Court, Gudiyatham be and hereby set aside.

That the appellants being the legal heirs of Kuppammal be and hereby

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SA Nos. 715 & 716 of 2004

entitled to 30 cents in S.No.31/7, Seruvangi Village, Guidyatham Taluk, Vellore District (Item 3 of the suit properties).

That the four other daughters of Meenakshiammal namely Pushpa Ammal, Salammal, Sivapushanam and Vijaya be and hereby entitled to the remaining extent of 1.76 acres comprised in S.Nos.30 (0.29 acres), 31/2 (0.04 acres well and pumpset), 31/3 (0.33 acres), 33/4 (0.06 acres), 51/1 (0.27 acres) and 50/2 (0.77 acres) in Seruvangi Village, Gudiyatham Taluk, Vellore District, (around 44 cents each) (Items 1, 2, 4, 5, 6 and & of the suit properties).

That both parties shall be entitled to approach the trial court for

division of the property and file final decree application.

That the trial court be and hereby is directed to dispose of the final

decree application within three weeks from the date of receipt of this order.

That there be no costs in the Second Appeal.

Registry is directed to correct the decree and issue corrected decree

along with judgment to the parties.

02-01-2026

nvsri

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SA Nos. 715 & 716 of 2004

T.V.THAMILSELVI J.

nvsri

SA Nos. 715 & 716 of 2004

02-01-2026

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