N.Sathianatha And Sons(P)Ltd., v. N.Swaminathan,(Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE R.MAHADEVAN O.S.A. Nos.80 to 82 of 1994 N.Sathianathan & Sons (P) Ltd.

Rep. By its Managing Director, K.Manikyaraja Ballal, 'Hotel Palmgrove', Kodambakkam High Road, Madras 600 034.

.. Appellant in all OSAs.

-vs1.N.Swaminathan (Deceased) 2.E.V.Swaminathan 3.Alfred Swaminathan 4.Sukumar Swaminathan (RR2 to 4 brought on record as LRs.

Of deceased R-1 (in OSA.80/1994) and R-4 (in OSA.81/1994) vide order of Court dt.23.6.2011 made in Memo dt.16.6.2011 in USSR No.3067/2011) .. Respondents 1 to 4 in OSA.80/1994 and 4 to 7 in OSA.81/1994 1.Asa John Divianathan 2.Susanna Rani Sekar 3.Rajkumari David .. Respondents 1 to 3 in OSA.82/1994 Appeals filed under Order XXXVI Rule 11 of O.S. Rules read with Clause 15 of the Letters Patent against the common order and decretal order dated 09.02.1994 made in Application No.2058 of 1991, 3217 of 1991 and 2057 of 1991 in C.S.No.600 of 1979 on the file of original

side of this Court.

For Appellant :

Mr.V.S.Subramanyan For Respondents :

Mr.T.V.Ramanujam, Sr.C.

in all appeals For Mr.K.Kuppusamy * * * * *

J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) There is no question of now the payment being refunded to the appellant which is lying deposited for decades, as the appeal filed against the decretal order itself would be considered and decided. 2.Original Side Appeals, thus, stand disposed of. No costs. (S.K.K., CJ.) (R.M.D., J.) 19.09.2016 Index : Yes/No Website : Yes/No sra To The Sub Assistant Registrar Original Side, Madras High Court, Chennai.

The Hon'ble Chief Justice and R.Mahadevan, J.

(sra) O.S.A.Nos.80 to 82 of 1994 19.09.2016