Kuppammal v. Smt.Meenakshiammal(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI SA No. 715 & 716 of 2004

1. Kuppammal W/o.Late Gajendran 2.Arulmozhi 3.Elangovan 4.Thiruselvi 5.Thirumaldevi 6.Senthil 7.Latha W/o.Late Neduchezhian Appellant(s) Vs

1. Smt.Meenakshiammal(died) W/o.R.K.Duraisamy Mudali Gudiyatham Town Vellore Dist 2.K.V.Krishnan(died) -R2 given up. Memo recorded.

2.Saravanan 1 / 5

3.Jagadeeswaran 4.D.Pushpa Ammal W/o N.Shanmugam 42 Gandhi Road, Nadupettai, Gudiyatham 632 602 5.D.Salammal W/o G.Ethirajan At No.14/35 Konda Samuthiram, Puth Theru, Gudiyatham 632 602 6.D.Sivapushanam W/o D.R.Velayutham L-27, 26th Street, Anna Nagar East, Ch-102.

7.D.Vijaya W/0 R.Kumaresan 1st Aplnt Recorded As Lr And Rr4 To 7 B/r As Lrs Of The Deceased R1 Vide Order Of Ct Dt., 06.1.11 Made In Cmp.1664/10 Respondent(s) For Appellant(s):

Mr.P.Mani For Respondent(s):

Mr.A.Sivaji For R4 To R7 R-2 - No Appearance Mr. M. Tamil Thendaral Arasu For R3 R1, R4 To R7 and R5- Died

ORDER

This matter is listed today under the caption "for being mentioned".

2. Learned counsel for the appellant submits that as per the judgment , decree has not been properly drafted with regard to the specific extent in the survey numbers as discussed in the judgment in paragraphs 12, 13, 14 and 15. Therefore, decree has to be drafted with the specific extent. 2 / 5

3. Taking note of the above submission and perusing the decree, this court deems it fit to correct the decree as under:- S.A.No.715 of 2004:- 1.That the judgment and decree dated 26.02.2003 made in A.S.No.5 of 2001 on the file of the Subordinate Court, Gudiyatham be and hereby set aside. 2.That the appellants be and hereby are allotted 800 sq.ft., at the frontage in the suit property.

3.That the four daughters of Meenakshiammal namely Pushpa Ammal, Salammal, Sivapushanam and Vijaya be and hereby allotted the remaining 1600 sq.ft., in the suit property.

4.That both parties shall be entitled to approach the trial court for filing final decree application for division of the suit property.

5. That the trial court be and hereby directed to dispose of the final decree application within three weeks from the date of receipt of this order. 6.That there be no costs in the Second Appeal. S.A.No.716 of 2004:-

1. That the judgment and decree dated 26.02.20203 made in A.S.No.5 of 2001 on the file of the Subordinate Court, Gudiyatham be and hereby set aside.

2. That the appellants being the legal heirs of Kuppammal be and hereby 3 / 5

entitled to 30 cents in S.No.31/7, Seruvangi Village, Guidyatham Taluk, Vellore District (Item 3 of the suit properties).

3. That the four other daughters of Meenakshiammal namely Pushpa Ammal, Salammal, Sivapushanam and Vijaya be and hereby entitled to the remaining extent of 1.76 acres comprised in S.Nos.30 (0.29 acres), 31/2 (0.04 acres well and pumpset), 31/3 (0.33 acres), 33/4 (0.06 acres), 51/1 (0.27 acres) and 50/2 (0.77 acres) in Seruvangi Village, Gudiyatham Taluk, Vellore District, (around 44 cents each) (Items 1, 2, 4, 5, 6 and & of the suit properties).

4. That both parties shall be entitled to approach the trial court for division of the property and file final decree application.

5. That the trial court be and hereby is directed to dispose of the final decree application within three weeks from the date of receipt of this order.

6. That there be no costs in the Second Appeal.

4. Registry is directed to correct the decree and issue corrected decree along with judgment to the parties.

02-01-2026 nvsri 4 / 5

T.V.THAMILSELVI J.

nvsri SA Nos. 715 & 716 of 02-01-2026 5 / 5