High Court of Judicature at Madras Hears Appeal Suit Challenging Partition Decree. Trial Court Ordered Partition of Suit Properties into 25 Equal Shares with 19/25 Share to Plaintiffs.

High Court: Madras High Court Bench: Principal
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Case Note & Summary

The appeal arises from the decree of the Additional District Judge, Chengalpattu, in O.S.No.243 of 2005, whereby the trial court ordered partition of the suit properties into 25 equal shares and allotment of 19/25 share to the plaintiffs 2 to 5. The plaintiffs and defendants are members of a Joint Hindu family. The unsuccessful defendants 2 to 7 preferred this appeal. The first respondent died during the pendency of the appeal and his legal representatives were brought on record. The judgment in the appeal was not fully provided, and the outcome of the appeal is not mentioned.

Issue of Consideration

AS No. 500 of 2016

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Case Details

2026 LawText (MAD) (07) 26

AS No. 500 of 2016

2026-07-17

M.Jothiraman

Mr. V.Raghupathi for appellants; Mr. S.Mukunth, Senior Advocate for Mr.V.Nicholas assisted by B.Bharath Kumar for R2 to 10

Dakshinamoorthi, Jothy, Nandakumar, Dasarathan, Roja, Sompoornammal

Narayanasamy Naicker (died) through LRs Arjuna Naicker and others, Dhanapal, Meenakshi Ammal, Varadammal, M.Mahesh, M.Prabakaran, Suseela, Viswanathan, Samanthi, Karunkaran

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Nature of Litigation

Suit for partition of joint Hindu family properties

Remedy Sought

Plaintiffs sought partition of suit schedule properties into 25 equal shares and allotment of 19/25 share to plaintiffs 2 to 5

Filing Reason

Dispute over division of joint family property; plaintiffs claimed specific shares

Previous Decisions

Trial court in O.S.No.243 of 2005 on 21.03.2016 decreed the suit in favor of plaintiffs, directing partition as prayed.

Judgment Excerpts

Unsuccessful defendants 2 to 7 have preferred this appeal. The Suit is filed for partition of the Suit schedule properties into 25th equal shares and allotment of 19/25th share to the plaintiffs 2 to 5.

Procedural History

Suit O.S.No.243 of 2005 filed before Additional District Judge, Chengalpattu. By order dated 21.03.2016, the suit was decreed in favor of plaintiffs. Unsuccessful defendants 2 to 7 filed Appeal Suit AS No. 500 of 2016 before High Court of Judicature at Madras. During pendency, first respondent died, and his legal representatives were brought on record as respondents 7 to 10 by court order dated 12.06.2023.

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High Court High Court of Judicature at Madras Hears Appeal Suit Challenging Partition Decree. Trial Court Ordered Partition of Suit Properties into 25 Equal Shares with 19/25 Share to Plaintiffs.
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