N.Sathianathan And Sons(P)Ltd. v. Asa John Divianathan

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.83 of 1994 and 200 of 1995 N.Sathianathan & Sons (P) Ltd.

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

.. Appellant in OSA 83/94 & Respondent in OSA 200/95 -vs1.Asa John Divianathan 2.Susanna Rani Sekar 3.Rajkumari David 4.N.Swaminathan (Deceased) 5.E.V.Swaminathan 6.Alfred Swaminathan 7.Sukumar Swaminathan (RR5 to 7 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 in OSA.83/1994 & appellants in OSA.200/1995 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.5170 of 1991 and 4135 of 1991 in C.S.No.600 of 1979 on the file of original side of this

Court.

For Appellant in OSA.83/94 & Respondent in OSA.200/95 :

Mr.V.S.Subramanyan For Respondents in in OSA.83/94 & Appellants in OSA.200/95 :

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

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 correction of the decree by the appellate Court, as the decree is corrected by the original Court if it is alleged that there is a mistake. If the decree is assailed in appeal, as has been done in the present case in a separate appeal, then that would be a matter to be considered in that appeal.

2.Original Side Appeals are, accordingly, 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.83 of 1994 and 200 of 1995 19.09.2016