M.Selvin, v. L.Paranjothi,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)Nos.513 and 514 of 2021 and C.M.P.(MD)Nos.1483 to 1486, 1462, 1472, 1474 and 1479 of 2024 C.R.P.(MD)No.513 of 2021:
M.Selvin ... Petitioner Vs.
1.L.Paranjothi 2.Rajasekaran 3.Saroja 4.Kasthuri 5.Mary Meena 6.Nirmala Dhanalakshmi (died) 7.Suguna Chicken Daily Fresh, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
8.Sriram Finance Jewelry Pawn Shop, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul Dsitrict.
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9.Rahmath Sweets, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
10.Nagar (Best) Barotta Shop, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
11.Kamala Hospital, Through its Proprietor, Dr.M.Kaliarajan, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
12.Siva Agencies, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
13.Sri Vigneshwara Auto Finance, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
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14.Axix Bank (ATM), Through its Branch Manager, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
15.Silamba Colour Lab Studio, Colour Xerox, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
16.Apollo Medical Shop, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
17.Vignesh Traders, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
18.Ramalingam Fertilizer, Pest Medical Shop, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
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19.Muthoot Finance Corporation, Through its Branch Manager, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
20.Corporation Bank, Through its Branch Manager, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
21.Sakthi Grinder, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
22.Annai Ilaikadai (Leaf Shop), Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
23.Sankar Mudithiruthal Nilayam, (Saloon Shop), Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
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24.Mobile Care Cellphone Shop, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
25.New Ravi Digital Studio, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
26.S.V.T. Tourist Bus Company, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
27.Amman Finance Jewelry Pawn Shop, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
28.Kannan Std Booth Shop, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
29.P.Raj Fruit Commission Shop, Through its Proprietor, 5/12
Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
30.Sivam Finance, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
31.Ajitha Clinic Hospital, Through its Adminisstrator, Dr. Karuppanan, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
32.Jayam Two Wheeler Stand, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
33.Kannan Department Store, Through its Manager, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
34.Sonaimuthu Pookadai, Oddanchatram, Through its Proprietor, Sundaram Chettiar Pettai, Oddanchatram Town, Oddanchatram Taluk, Dindigul District.
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35.R.Abdul Azees 36.Nagamani 37.Manoj 38.C. Pavitha 39.Velusamy ... Respondents C.R.P.(MD)No.514 of 2021:
M.Selvin @ Gnanavijayan ... Petitioner Vs.
1.Nirmala Dhanalakshmi (died) 2.Rajasekaran 3.Saroja 4.Kasthuri 5.Mary Meena 6.Paranjothi 7.State Bank of India, Commercial Branch, Tiruppur, Through its Branch Manager.
Karuppanan (died) 8.Umavathi 9.Vasantha 10.M.Balasubramanian 11.Kazhugasalam 12.Uma Maheswari 13.Ravi Balan 14.Senguttuvan 15.Manivannan 16.Periyasamy 17.Kalimuthu 7/12
18.D.Selvam 19.Rajeshwari 20.Raman alias Ramathevar 21.Janaki 22.Sivaraman 23.Sakthivel Gurusamy (died) 24.Velusamy Ramasamy (died) 25.Kalavathi 26.Sudha 27.Sellammal 28.Dhanapackiam 29.Ponramasamy 30.Sakthiramasamy 31.Nagamani 32.G.Manoj 33.G.Pavitha
...Respondents
COMMON PRAYER: Civil Revision Petitions - filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 02.08.2019 and 17.06.2019 in I.A.No.73 and 14 of 2019 in I.A.No.170 of 2017 and 9 of 2018 in O.S.No.86 of 2012 and 116 of 2012 on the file of the Additional District Court (Fast Track Court), Palani. In C.R.P.(MD)No.513 of 2021:
For Petitioner : Mr.M.P.Senthil For R6 : Mr.H.Lakshmi Shankar For R1 : Mr.V.Meenakshi Sundaram For R2 & R3 : Mr.R.Balakrishnan 8/12
In C.R.P.(MD)No.514 of 2021:
For Petitioner : Mr.M.P.Senthil For R6 : Mr.H.Lakshmi Shankar For R1 : Mr.V.Meenakshi Sundaram For R2 & R3 : Mr.R.Balakrishnan COMMON ORDER These Civil Revision Petitions are filed challenging the orders dated 02.08.2019 and 17.06.2019 in I.A.No.73 and 14 of 2019 in I.A.No.170 of 2017 and 9 of 2018, respectively on the file of the Additional District Court (Fast Track Court), Palani.
2.The petitioner in both the petitions is the first defendant in O.S.No.86 of 2012 and the third defendant in O.S.No.116 of 2012. Both the suits were filed for partition and the said suits were decreed. Thereafter, the petitioner/sisters filed an interlocutory application in I.A.No.9 of 2018 and I.A.No.170 of 2017 for passing final decree. In the final decree proceedings, the plaintiffs filed applications in I.A.No.14 of 2019 and 73 of 2019 for inclusion of some other properties in both the suits on the ground that the mother of the plaintiffs in both the suits died and the share of the mother was 9/12
allotted to the female heirs. The said applications were allowed. Challenging the same, the present Civil Revision Petitions are filed. 3.The learned counsel for the petitioner in both petitions submits that all the properties were added in the preliminary decree. Allotment of additional shares to the plaintiffs on the ground that the mother settled her shares in favour of the plaintiffs, has to be decided in the final decree proceedings. Now as against the preliminary decree, the aggrieved persons filed A.S.(MD)Nos.150 to 152 before this Court and the said appeal are pending before this Court with an interim order of stay for passing final decree alone. Hence, it would be suffice to defer the order in I.A.No.73 and 14 of 2019 till the disposal of the appeal.
4.The learned counsel for the respondents in both the petitions have no serious objection for the same.
5.Accordingly, this Civil Revision Petitions are disposed of holding that the order passed in the interlocutory applications, which are impugned in these petitions shall be kept in abeyance till the disposal of the first appeal 10/12
pending before this Court. No costs. Consequently, connected miscellaneous petitions are closed.
24.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ta To 1.The Additional District Court (Fast Track Court), Palani
2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI,J.
ta C.R.P.(PD)(MD)Nos.513 and 514 of 2021 24.06.2025 12/12