R.T. Investments and Real Estate v. Ramakrishnan

CRP.Nos.4950 and 4966 of 2025 and CMP.Nos.26705 and 25098 of 2025

P.B.BALAJI, J. Heard Mr.T.R.Rajaraman, learned counsel for the petitioner and Mr.C.Prabakaran, learned counsel for the first respondent.

¶2The learned counsel for the petitioner, who is the eleventh defendant in the suit, submitted that out of 8 shares, 7 shares have already been purchased

(3 brothers and 4 sisters) by the eleventh defendant and what remains is only

1/8 share of the contesting first respondent. The Trial Court, while passing exparte preliminary decree, has declared that the share of the first respondent as 9/40 instead of 1/8.

¶3The learned counsel for the first respondent has no objection and he fairly admits that the share of the first respondent is only 1/8.

¶4In view of the above submissions, in the order dated 21.01.2026 in CRP.Nos.4950 and 4966 of 2025, the following paragraph should be inserted after paragraph 6: "6A. The petitioner has already become entitled to 7/8 share in suit property, and the first respondent is entitled to remaining 1/8 share. The petitioner and the first respondent shall work out the mode of division with regard to their respective entitlements in the final decree application."

¶5The Registry is directed to carry out necessary correction and issue a fresh order copy to the parties forthwith.

10.02.2026 pvs

P.B.BALAJI, J. pvs CRP.Nos.4950 and 4966 of 2025 and CMP.Nos.26705 and 25098 of 2025

10.02.2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-01-2026 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P.(NPD).No. 4950 of 2025 AND C.R.P.(NPD).No.4966 OF 2025, C.M.P.No.26705 of 2025, C.M.P.No.25098 of 2025 R.T. Investments and Real Estate, Rep by its Proprietor Ramadoss, Residing No.9/1, Pudu Street, Sankaranpalayam, Vellore 632 001. … Petitioner/ 11th Defendant Vs.

¶1Ramakrishnan, S/o. Lakshmana Naickar, No.1/130, Perumal Koil St, Vandranthangal Village and Post, Katpadi Taluk, Vellore Dt. Saroja (Died)

¶2Thirugnanam, S/o. Arumugasamy,

3.Manimaran, S/o. Arumugasamy,

4.Saraswathi D/o. Arumugasamy,

5.Balaji S/o. Arumugasamy, (P 2 to 5 are residing at No.31, Chennai Road, Katpadi, Vellore District-632 007). Page Nos.4/14

6.Sundaramoorthi S/o. Late. Lakshmanan Naicker, No.21, Perumal Koil St, Old Katpadi, Katpadi Taluk, Vellore Dt 632 007. Salammal (Died) Rajaram (Died) Krishnaveni (Died) Sivagami (Died)

7.R. Thamizharasan S/o. Late. Rajaram, No.68/30, Perumal Koil St, Old Katpadi and Taluk, Vellore Dt 632 007. R. Ponnudoss (Died)

8.G. Ponnusamy S/o. Govindhasamy, No.137, Kulathumedu, Old Katpadi and Taluk, Vellore Dt 632 007.

9.G. Pichandi S/o. Govindahsamy, 3/95, Thirupathur Alangayam Main Road, Omanguppam Village and Post, Vaniyampadi Taluk, Thirupathur Dt.

10.G. Durai S/o. Govindhasamy, No.3/44, Pillaiyar Koil St, Sozhamur Village and Post, Katpadi Taluk, Vellore Dt 632 202.

11.T. Pappathi W/o. Thangamani, No.62, Bharathiyar St, Sozhamur Village and Post, Katpadi Taluk, Vellore District 632 202.

12.Selvam Page Nos.5/14 S/o. Govindhasamy, No.31, Perumal Koil St, Old Katpadi, Katpadi Taluk, Vellore Dt 632 007.

13.Natarajan S/o. Govindhasamy, No.31, Perumal Koil St, Old Katpadi, Katpadi Taluk, Vellore Dt 632 007.

14.Ravichandiran S/o. Govindhasamy, No.31, Perumal Koil St, Old Katpadi, Katpadi Taluk, Vellore Dt 632 007.

15.Bhavani D/o. Govindhasamy, W/o. Kamaraj, No.31, Perumal Koil St, Old Katpadi, Katpadi Taluk, Vellore Dt 632 007.

16.Shanmugam S/o. Sundaramoorthy, No.32, Perumal Koil St, Katpadi, Vellore Dt 632 007.

17.Padma D/o. Sundaramoorthy, No.32, Perumal Koil St, Katpadi, Vellore Dt 632 007.

18.Indirani D/o. Sundaramoorthy, No.32, Perumal Koil St, Katpadi, Vellore Dt 632 007.

19.Elavarasi D/o. Sundaramoorthy, No.32, Perumal Koil St, Katpadi, Vellore Dt 632 007.

20.Rajinikanth S/o. Sundaramoorthy, No.32, Perumal Koil St, Katpadi, Page Nos.6/14 Vellore Dt 632 007.

21.Selvi D/o. Ponnudoss, PWD Nagar, Vanjur Village and Post, Katpadi Taluk, Vellore Dt 632 007.

22.Kanchana D/o. Ponnudoss, PWD Nagar, Vanjur Village and Post, Katpadi Taluk, Vellore Dt 632 007.

23.Balaji S/o. Ponnudoss, PWD Nagar, Vanjur Village and Post, Katpadi Taluk, Vellore Dt 632 007. … Respondents Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code, to set aside the fair and decreetal order dated 17.06.2025 passed in I.A.No.1 of 2024 in I.A.No.680 of 2018 in O.S.No.61 of 2004, on the file of Sub Court, Katpadi, Vellore. For Petitioner : Mr.T.R.Rajaraman For Respondents : Mr.C.Prabakaran, for R1 No appearance, for R2, R3, R5 to R12, R15 to R23 : Not Ready notice, for R4, R13 & R14 C.R.P.(NPD).No. 4966 of 2025 Ramakrishnan S/o. Lakshmana Naickar, Retd Teacher, No.1/130, Perumal Koil Street, Vandranthangal Village and Post, Katpadi Taluk, Vellore District. …Petitioner Vs

¶1R.T.Investments And Real Estate Page Nos.7/14 Rep. by its proprietor Ramadoss, No.9/1, Pudu Street, Sankaranpalayam, Vellore 632 001. …. 1st Respondent

2.Thirugnanam S/o. Arumugasamy,

3.Manimaran S/o. Arumugasamy,

4.Saraswathi D/o. Arumugasamy,

5.Balaji S/o. Arumugasamy, Respondent 2 to 5 are Resding at No.31, Chennai Road, Katpadi, Vellore District.

6.Sundaramoorthy S/o. Late Lakshmanan Naickar, No.21, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore District. Krishnaveni (Died)

7.R. Thamizharasan S/o. Late Rajaram, No.68/30, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore District. R. Ponnudoss (Died)

8.G.Ponnusamy S/o. Govindhasamy, No.137, Kulathumedu, Old Katpadi, Katpadi Taluk, Vellore District.

9.G. Pichandi S/o. Govindhasamy, No.3/95, Page Nos.8/14 Thirupathur Alangayam Main Road, Omanguppam Village and Post, Vaniyambadi Taluk, Thirupathur District.

10.G. Durai S/o. Govindhasamy, No.3/44, Pillaiyar Koil Street, Sozhamur Village and Post, Katpadi Taluk, Vellore District.

11.T. Pappathi W/o. Thangamani, No.62, Barathiyar Street, Sozhamur Village and Post, Katpadi Taluk, Vellore District.

12.Selvam S/o. Late Govindhasamy, Res. No.31, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore District.

13.Natarajan S/o. Late Govindhasamy, Res. No.31, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore District.

14.Ravichandiran S/o. Late Govindhasamy, Res. No.31, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore District.

15.Bhavani D/o. Late Govindhasamy, W/o. Kamaraj, Res. No.31, Perumal Koil Street, Old Katpadi, Katpadi Taluk, Vellore District. … Respondents Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code, to set aside the order dated 27.03.2025 made in I.A.No.3 of 2024 in I.A.No.4 of 2022 in A.S.No.Nil of 2022 on the file of Principal District Judge, Page Nos.9/14 Vellore and to allow the Civil Revision Petition. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.T.R.Rajaraman, for R1 No appearance, for R2 to R15 COMMON ORDER Heard Mr.T.R.Rajaraman, Learned Counsel for the petitioner. Mr.C.Prabakaran, Learned Counsel for the contesting respondent.

¶2The petitioner has challenged the final decree application and sought for rejection of the application, pending in I.A.No.680 of 2018, on the ground that the preliminary decree in the suit was passed on 15.11.2017 without noticing the death of the 10th defendant on 06.02.2016.

¶3The said application, on contest, was dismissed by the Learned Sub Court, Katpadi, challenging which the present revision has been filed.

¶4Learned Counsel Mr.T.R.Rajaraman fairly bring to my notice that the legal representatives of the deceased 10th defendant, though not parties to the preliminary decree, were impleaded in the final decree proceedings, and they have not challenged the preliminary decree passed against the deceased 10th Page Nos.10/14 defendant. He would, however, invite my attention to the observations made by the trial Court while dismissing the application, wherein the trial Court has found that the petitioner has purchased a substantial portion of the suit property and that being a third party, is attempting to stall the final decree proceedings in some way or other. Therefore, on that ground, when the application has been dismissed, it has necessitated the defendant to come up by way of this revision petition.

¶5Mr.C.Prabakaran, Learned counsel appearing for the respondent/plaintiff fairly conceded that the respondent/plaintiff is concerned only with his share and he has no objection for the shares of the sisters which have been purchased by the petitioner/11th defendant, being allotted to the share of the revision petitioner.

¶6In the light of the above, there is no necessity to dismiss the final decree application in I.A.No.680 of 2018. The C.R.P.(NPD).No.4950 of 2025 is dismissed. However, it is made clear that the petitioner is entitled to seek allotment of the shares of the sisters, whose shares he has purchased, and seek for being put in possession of all shares of the parties to the suit, that he may have purchased.

¶7C.R.P (NPD).No.4966 of 2025, is filed challenging the restoration of Page Nos.11/14 the appeal which was dismissed for default. In view of this order, no orders are necessary in this revision. The trial Court shall dispose of the final decree application on merits in accordance with law on or before 30.06.2026. Accordingly, C.R.P (NPD).No.4966 of 2025 is disposed of.

There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 21-01-2026 bsm To,

¶1The Principal District Judge, Vellore.

¶2The Sub Court, Katpadi, Vellore. Page Nos.12/14 C.R.P.(NPD).No.4950oofo2025 P.B.BALAJI,oJ. bsm CRPoNo.o4950oofo2025 AND CRPoNO.o4966oOFo2025, CMPoNO.o26705oOFo2025, CMPoNO.o25098oOFo2025 21-01-2026 PageoNos.13/14 Page Nos.14/14