Madras High Court
OSA/221/2022 of K.N.Ramanthan Vs Lakshmi Ramachandran on 9 October 2026
OSA No. 221 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR JUSTICE N. SATHISH KUMAR
AND
THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR
OSA No. 221 of 2022
CNR:{HCMA010959912022}
AND
CMP NO. 13370 OF 2022
Mr.K.N.Ramanthan
S/o. Mr. K.S. Narayanan
..Appellant(s)
Vs
1. Mrs.Lakshmi Ramachandran
W/o Mr. Ramachandran
2. Mrs.S.Balasaraswathy
W/o Mr. V. Sriram,
3. Mrs.R.Rajeswari
W/o Mr.Ramji
4. Mr.K.N.Srinivasan
S/o Mr. K.S. Narayanan
..Respondent(s)
Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules read with Clause 15 of Letters Patent to set aside the order and decretal order dated 16.03.2022 passed in C.S.No.638 of 2018.
For Appellant(s):
Mr.Ajoy Kumar Gnanam
OSA No. 221 of 2022
For Respondent(s):
No Appearance
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Judgment
(Judgment of the Court was delivered by N.Sathish Kumar J.) A challenge has been made to the preliminary decree passed by the learned single Judge declaring 1/5th share each in favour of the plaintiffs.
2. The parties are referred to by their respective ranks in the suit.
3. Following are the brief facts of the case: The suit property originally belonged to the plaintiff's father KS.Narayanan and his wife K.N.Shantha. Plaintiffs are the daughters and defendants are the sons. Both of them died intestate. Therefore, the plaintiffs being the legal heirs, sought partition of their 1/5th share each. TThough the defendants originally propounded a Will by filing a petition for probate in O.P.No.721 of 2001 alleging a bequest by their father, the said OP was converted into a Testamentary Original Suit in T.O.S.No.21 of 2004. After contest, the said Testamentary Original Suit was dismissed. Thereafter, when the present suit was pending, despite several opportunities, the defendants have not cross-examined PW1. Therefore, the learned single Judge taking note of the various documents filed on behalf of the plaintiffs viz., Exs.P1 to P5 passed a preliminary decree for 1/5th share each to the plaintiffs .
4. Heard the learned counsel for the appellant and also perused the entire materials placed before this Court.
OSA No. 221 of 2022
5. Now the point that arises for consideration is, whether the preliminary decree passed by the learned single Judge is in accordance with law.
6. Admittedly, the parties are the children of K.S.Narayanan and K.N.Shantha and the suit properties were purchased by them. In this regard, Exs.P1 and P2 were also filed before this Court and it is also not in dispute the parents of the parties died intestate. Though the Will has been earlier propounded by the defendants, that Will has also not been established and after full trial, T.O.S.No.21 of 2004 was dismissed by this Court and the copy of the judgment has also been marked as Ex.P3. Therefore, once the Will itself is disbelieved, being the Class I legal heir, the plaintiffs and the defendants are equally entitled to a share in the properties purchased by their parents.
7. In such view of the matter, we are of the view that the learned single Judge was right in passing the preliminary decree declaring plaintiffs' 1/5th share and the judgment of the learned single Judge does not require any interference and this appeal is liable to be dismissed. Accordingly, this Original Side Appeal is dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (N.S.K.,J.) (G.K.M.,J.) 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gpa
OSA No. 221 of 2022
N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. gpa OSA No. 221 of 2022 and CMP No. 13370 of 2022 09-10-2026