C.S.No.

260 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2024

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR

C.S.No.260 of 2021

1. Sujatha Rangarajan
2. Latha Kannan
3. K.A.Narayanan (Deceased)
(Plaintiffs 1 and 2 recognised as the legal heirs
of deceased 3rd plaintiff, as per order dated
13.03.2023 in I.A.No.1408 of 2023) .. Plaintiffs

Versus
1.K.G.Narasimhan
2. K.A.Kesavan
3. K.A.Vijayalakshmi
4. K.G.Rangamani
5. K.A.Kannan
6. C.P.Prema (Deceased)
(Amended as per order dated
04.01.2024 in A.No.9 of 2024) .. Defendants

Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order

VII Rule 1 of the Code of Civil Procedure reliefs:

a) To pass a preliminary decree declaring the 3rd plaintiff's 1/36th

share in Item No.1 of the Schedule of properties and 1/12th Share each to
the plaintiffs 1 and 2 in Item Nos.1 and 2 of the schedule of properties
morefully described in the schedule. (Amended as per order dated
04.01.2024 in Appln. No.9 of 2024)

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 C.S.No.260 of 2021

b) Directing the 4th defendant to pay the costs of the suit;

c) pass such further or other reliefs.

For plaintiffs : Ms.R.V.Gayathri for

for M/s P.B.Ramanujam Associates

For defendants : Mr.M.Aravindan for D1 and D4

Mr.M.S.Bharath for D2
Mr.P.Rajesh for D3 and D5
D6 - Deceased

JUDGMENT

The suit is filed for partition of the schedule mentioned properties.

The suit schedule properties were originally owned by one Krishmachari

and his wife, namely, K.Rajam. The said Krishnamachari purchased the

property in Item No.2 and the Item No.1 owned by Rajammal. The said

Rajammal died on 02.12.1983 leaving behind her husband and six

children. After her death, her husband and children are entitled to 1/7th

share in the property left by the said Rajam.

2. Similarly, the said Krishnamachari, who owned Item No.2 of the

suit schedule property died on 19.01.1990. After his death, the property

devolve around the Class I legal heirs. Therefore, the suit has been laid

claiming shares in both the schedules.

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 C.S.No.260 of 2021

3. The written statements have been filed by the defendants 1 and 4,

wherein they have not disputed the rights of the parties, only contention is

that one of the legal heirs have released a share and the share as claimed

by the plaintiff is not available, therefore, the ratio of the shares may be

changed, otherwise, there they have no objection in allotting the property.

The other defendants have not filed any written statements.

4. It is the admitted case of the parties that the release deed have

been executed by one K.M.Madhavan and his wife, Prema in favour of one

of the co-owner.

5. Since there is no triable issues in the matter and the parties are

also agreeable for partition, with consent on both sides, this Court invoking

Order 2 Rule 6 of CPC, is inclined to dispose of the present suit.

Accordingly, preliminary decree is passed declaring the right of the parties

as indicated below and allotment to the defendants can be made on

payment of court fee for their respective shares in the final decree

proceedings:-

(a) As far as Item No.1 of the schedule of property is concerned,

since the plaintiffs' father is entitled to 1/5th share, with consent, it is hereby

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 C.S.No.260 of 2021

declared that,

(i) Plaintiffs 1 and 2 each are entitled to 1/10th share;

(ii) The defendants 1 and 4 each are entitled to 1/10th share;

(iii) The defendants 2 and 3 each are entitled to 1/5th share;

(iv) 5th defendant is entitled to 1/5th share.

(b) Similarly, as far as Item No.2 of the Schedule of Property is

concerned,

(i) The plaintiffs 1 and 2 each are entitled to 1/12th share;

(ii) The 1st defendant is entitled to 1/12th share

(iii) The defendants 2 and 3, each are entitled to 1/6th share;

(iii) The defendants 4 and 5 each are entitled to 1/4th share.

(c) Mr.Rahul K.Jain, Advocate, having office at No.3, Choolai High

Road, 1st Floor, Choolai, Chennai – 600 102, Mobile No.93818 73000, is

hereby appointed as Advocate Commissioner to divide the suit schedule

properties and file the report suggesting the mode of division of the

property, as per the shares indicated above by this Court. The initial

remuneration of the commissioner fixed as Rs.40,000/- [Rupees forty

thousand only) apart from the expenses for survey and engineer's

expenses etc.,

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 C.S.No.260 of 2021

For filing such report by the Advocate Commissioner and for passing

final decree, post on 28.03.2024.

06.03.2024

ssd

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 C.S.No.260 of 2021

N.SATHISH KUMAR, J.

ssd

C.S.No.260 of 2021

06.03.2024

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