Ambalanathan, v. Santhamani Nathan(Died)
Case brief
What is this about?
S.A.(MD)No.318 of 2018, Madurai Bench of Madras High Court, S. Srimathy J., dt.28.01.2025. Partition suit; heirs of Subbiah: Amalanathan (plaintiff/appellant), Santhamani Nathan (D1, deceased; LRs R11–R16), Muthamil Mani (D2), daughters/sons of D2 (D3–D6, D8, D9), purchaser Premalatha Jayaraman (D7, deceased; LR R10). Terms: partial partition; Mumbai property added as 3rd schedule; Thaigaraj Estate Colony, S.No.348/5, Plot Nos.40 and 41; gift deed by father; 10 cents; 5.02 cents to D2; 4.98 cents to plaintiff; sale to D7 confirmed; 1st schedule final decree; division in metes and bounds by execution petition; Rs.2,00,000 each to D1 and D2 in lieu of Mumbai property; transfer and mutation; return of Exhibit B1 originals; Section 100 CPC; A.S.No.72/2016, O.S.No.58/2009, Tirunelveli; C.M.P.(MD)Nos.1176/2025, 6766/2020, 8832, 7192/2020, 4678–4680/2021.
What did the court decide?
Second appeal disposed. Plaintiff obtains: (i) the remaining 4.98 cents vacant site in S.No.348/5, Plot No.40; (ii) the entire Mumbai property (added as 3rd schedule) upon paying Rs.2,00,000/- each to defendants 1 and 2, with transfer and mutation in his name; (iii) a final decree for the 1st schedule properties (1/3 each), divisible in metes and bounds via execution petition. Defendant 2 is confined to 5.02 cents in Plot No.40. Item 2 of the 2nd schedule (Plot No.41) is confirmed to defendant 1 under the father's gift deed and his sale to defendant 7 is confirmed; the appeal is dismissed on that item, confirming both courts below. C.M.P.(MD)No.1176 of 2025 allowed; C.M.P.(MD)No.6766 of 2020 ordered (return of Exhibit B1 originals to 2nd respondent after substitution with certified copies); C.M.P.(MD)No.8832 closed; no costs.