IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.02.2017 CORAM THE HON'BLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE R.MAHADEVAN O.S.A.No.32 of 2017
1. Devaki Ammal @ D.Devaki
2. M.Lakshmi
3. D.Revathi
4. D.Karthikeyan
5. D.Maragatham .. Appellants vs.
1. Kavitha Balaji
2. B.K.Sai Raksha
3. B.K.Sai Pranav (Respondents 2 and 3 are minors represented by 1st respondent)
4. Margadarsi Chits Private Ltd. rep. by its Branch Manger Indian Chamber Building II Floor No.6, Esplanade Chennai - 600 108.
5. Hukum Raj Mehta
6. Pankaj Mehta
7. Shashi Mehta
8. Bindu Mehta
9. Pankaj Mehta
10. Jubee
11. Pachaiyappan
12. Anand
13. Shiva
14. Periyasamy
15. Shree Mohines Shop no.4 New Door No.288, Old Door No.138 Melapatti Ponnappan Street Perambur, Chennai - 600 011.
16. R.K.Enterprises Shop no.5 New Door No.288, Old Door No.138 Melapatti Ponnappan Street Perambur, Chennai - 600 011.
17. Shiva
18. Maduraimuthu .. Respondents PRAYER: Appeal under Order XXXVI Rule 9 of the Original Side Rules read with Clause 15 of the Letters Patent against the order dated 14.6.2016 passed in A.No.2600 of 2015 in C.S.No.730 of 2014.
For Appellants : Mr.T.Karthikeyan For Respondents : Mr.V.Manohar JUDGMENT (Delivered by the Acting Chief Justice) The appeal is directed against the order of the learned Single Judge dated 14.6.2016 passed in A.No.2600 of 2015 in C.S.No.730 of 2014.
2.1. The facts in a nutshell are as under: The appellants are defendants 1 to 5 and respondents 1 to 3 herein are the plaintiffs. The suit in C.S.No.730 of 2014 was filed seeking one-sixth share in property stated in Schedules A, B and C by dividing the same in metes and bounds, apart from other consequential reliefs.
2.2. In the said suit, the plaintiffs filed an application seeking to direct garnishees, who are the tenants in the suit schedule property, to deposit the rents generated out of the properties stated in Plaint Schedules 'A' and 'B' to the credit of the suit.
2.3. The learned Single Judge by order dated 14.6.2016 passed in A.No.2600 of 2015 in C.S.No.730 of 2014 allowed the application and directed the garnishees to deposit the rent payable by them out of the properties set out in Schedules 'A' and 'B' to the credit of the suit.
2.4. Assailing the said order, the present appeal is filed.
3. Heard the learned counsel for the parties.
4. It appears that the plaintiffs and defendants 1 to 5 are related to each other and with regard to the division of family properties there is a dispute. It is the case of defendants 1 to 5/ appellants that the suit schedule properties are not joint family properties, but are self acquired properties. On the other hand, the said plea is disputed by the plaintiffs/respondents 1 to 3.
5. It appears as an interim arrangement the first appellant herein agreed to pay a sum of Rs.10,000/- per month to respondents 1 to 3, but according to the learned counsel for respondents 1 to 3, the first appellant has not complied with the said direction. However, accordingly to the learned counsel for the appellants, the said sum is being periodically paid by the first appellant in cash, for which no proof or acknowledgment is produced.
6. Be that as it may, so far as the present appeal is concerned, the appellants are before this Court to vacate the garnishee order.
7. Considering the facts and circumstances of the case, we direct the first appellant to pay a sum of Rs.10,000/- every month and also pay the arrears, if any payable till date, as per the understanding between the appellants and respondents 1 to 3, withing two months. On satisfying the said condition, the garnishee order dated 14.6.2016 passed by the learned Single Judge shall stand vacated. The matter be taken up for trial on day to day basis.
The appeal stands disposed of in the above said terms. No costs. Consequently, C.M.P.No.2991 of 2017 is closed.
Index : No Internet : Yes sasi To:
The Sub Assistant Registrar Original Side High Court, Madras.
(H.G.R., ACJ.) (R.M.D., J.) 23.02.2017 HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) O.S.A.No.32 of 2017 23.02.2017 http://www.judis.nic.in