High Court · 2025

A No. 4868 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-10-2025CORAMTHE HONOURABLE DR.JUSTICE R.N.MANJULAA No. 4868 of 2025 & A NO. 4869 OF 2025,ANDCS NO. 520 OF 2013,OA NO. 133 OF 2015, OA NO. 132 OF 20151. MRS.ADHILAKSHMI (Deceased) 1.R.Srinivasan and 7 othersS/O.LATE M.RAGHAVAN NAIDU No.15, North Madaa Street, Kolathur, Chennai 600 099.2. R.VijayalakshmiW/o.Ram Mohan, No.61, II Block, Pugazhenthi Salai, J J Nagar, Chennai3. P.PalaniS/o.Late M.Raghavan Naidu, No.15, North Mada Street, Kolathur, Chennai 600 099.4. R.DuraiS/o.Late M.Raghavan Naidu, No.6B, North Mada Street, Kolathur, Chennai 600 099. R.Saraswathi (Deceased)5. R.VenkateshS/o.Late M.Raghavan Naidu, No.15A, https://www.mhc.tn.gov.in/judis A No. 4868 of 2025North Mada Street, Kolathur, Chennai 600 099.6. V.RamuNo.6, Dhanapalan Nagar, Kolathur, Chennai 600 099.7. RekhaW/o.R.Lakshmanan8. L.YashikaD/o.R.Lakshmanan, Minor Represented by his mother and Natural Guardian Rekha, 15A, North Mada Street, Kolathur, Chennai 600099.Applicant(s)Vs1. MR.R.JAYARAMAN (DECEASED) 1.Mrs.Rajalakshmi J and 3 othersW/o.Late R.Jayaraman2.Mr.Rohith JS/o.Late Jayaraman R3.Mr.Praveen JS/o.Late Jayaraman R 3rd Minor Represented by his Mother and Natural Guardian Rajalakshmi No.2, Second Narayanan Street, Seven Wells, Vallalar Nagar, Chennai 600 001.4.R.Suresh https://www.mhc.tn.gov.in/judis A No. 4868 of 2025S/o.Late M.Raghavan Naidu, No.6B, North Mada Street, Kolathur, Chennai 600 099.Respondent(s)A No. 4869 of 20251. Mrs.Adhilakshmi (Deceased) 1.R.Srinivasan and 7 othersS/o.R.Lakshmanan, 15a North Mada St, Kolathur, Ch-600 099.2.R.VijayalakshmiW/o.Ram Mohan, No.61, II Block, Pugazhenthi Salai, J J Nagar, Chennai3.P.PalaniS/o.Late M.Raghavan Naidu, No.15, North Mada Street, Kolathur, Chennai 600 099.4.R.DuraiS/o.Late M.Raghavan Naidu, No.6B, North Mada Street, Kolathur, Chennai 600 099. R.Saraswathi (Deceased)5.R.VenkateshS/o.Late M.Raghavan Naidu, No.15A, North Mada Street, Kolathur, Chennai 600 099.6.V.RamuNo.6, Dhanapalan Nagar, Kolathur, Chennai 600 099. https://www.mhc.tn.gov.in/judis A No. 4868 of 20257.RekhaW/o.R.Lakshmanan8.L.YashikaD/o.R.Lakshmanan, Minor Represented by his mother and Natural Guardian Rekha, 15A, North Mada Street, Kolathur, Chennai 600099.Applicant(s)Vs1. MR.R.JAYARAMAN (DECEASED) 1.Mrs.Rajalakshmi J and 3 othersW/o.Late R.Jayaraman2.Mr.Rohith JS/o.Late Jayaraman R3.Mr.Praveen JS/o.Late Jayaraman R 3rd Minor Represented by his Mother and Natural Guardian Rajalakshmi No.2, Second Narayanan Street, Seven Wells, Vallalar Nagar, Chennai 600 001.4.R.SureshS/o.Late M.Raghavan Naidu, No.6B, North Mada Street, Kolathur, Chennai 600 099.Respondent(s) https://www.mhc.tn.gov.in/judis A No. 4868 of 2025A No. 4868 of 2025PRAYERTo modify the order passed in O.A.No.132 of 2015 in C.S.No.520 of 2013 dated 29/08/2025 by inclusion of the liabilities of the theatre business and retaining the property land and building in door no.15A, North Mada Street, Chennai 600 099 Item 6 of the suit properties by the Defendants.A No. 4869 of 2025PRAYERTo modify the order passed in O.A.No.133 of 2015 in C.S.No.520 of 2013 dated 29/08/2025 by inclusion of the liabilities of the theatre business and retaining the property land and building in door no.15A, North Mada Street, Chennai 600 099 Item 6 of the suit properties by the Defendants.In both applications:For Applicant(s):M/S.P. SivamaniFor Respondent: Mr.S.R.RaghunathanCOMMON ORDERIt is seen from the records that, on 29.08.2025, pursuant to the preliminary decree passed in respect of items 1, 5, and 6 of the suit properties, an order was passed narrating certain facts and permitting the parties to arrive at a compromise regarding the division of items 1, 5, and 6, in accordance with the determination of the plaintiffs’ share already made. https://www.mhc.tn.gov.in/judis A No. 4868 of 20252. Now, these applications have been filed by defendants 2, 3, 4, 5, and 9 to 12 seeking modification of the order dated 29.08.2025 by including the liabilities of the theatre business and by allowing the defendants to retain the land and building situated at Door No.15A, North Mada Street, Chennai – 600 099 (Item No.6 of the suit property).3. The order dated 29.08.2025 was passed only consequent to the preliminary decree already rendered in respect of items 1, 5, and 6 of the suit properties, and it did not alter or modify the entitlement of the parties. If the parties are not willing to suggest the modalities contemplated by the Court in the order dated 29.08.2025 for effectuating the division of their respective shares, it is for them to subject themselves to further proceedings in accordance with law.4. As already stated, the parties have not reached any agreement among themselves, nor is there any mutual understanding to act in terms of the order dated 29.08.2025. Hence, the only course now available is to bring the properties to auction sale.5. In the order dated 29.08.2015 made in O.A. Nos. 133 and 132 of 2015, which pertained to three items of the suit properties, namely—(i) the theatre complex known as Ganga, Yamuna, and Cauvery in S.No.84/6, Lakshmi https://www.mhc.tn.gov.in/judis A No. 4868 of 2025Amman Kovil Street, Kolathur, Chennai – 600 099, measuring about 18.78 grounds (Item No.1 of the suit property); (ii) the land and building at Door No.15, Western Part, North Mada Street, Kolathur, Chennai – 600 099 (Item No.5 of the suit property); and (iii) the land and building at Door No.15A, North Mada Street, Kolathur, Chennai – 600 099 (Item No.6 of the suit property)—the valuations of each of the said properties were fixed under paragraph No.5 as follows:“5.After discussions, it has now comeforth from the defendants also that the Theatre Complex Ganga, Yamuna and Cavery in S.No.84/6, Lakshmi Amman Kovil Street, Kolathur, Chennai – 600 099, measuring about 18.78 grounds could be valued totally at 48 crores. Similarly, the value of the land and building at D.No.15 North Mada Street, Kolathur, Chennai – 600 099, for which the value had been given at Rs.2.75 crores could now be valued at 1.54 Crores. With respect to the third item, namely, land and building at D.No.15 A, North Mada Street, Kolathur, Chennai – 600 099, for which the value had been given at Rs.1.60 crores could now be valued at Rs.1.90 crores. These three values have been stated by the Court in the presence of both learned counsels. The plaintiffs would now be entitled to 1/7 th share in each one of the three properties “6. In fact, while fixing the above valuation, this Court had observed that the valuation submitted by the expert appointed by the Court was not satisfactory to the parties. Hence, the Court adopted a balanced approach and directed the learned counsel on either side to confer with their respective clients https://www.mhc.tn.gov.in/judis A No. 4868 of 2025and arrive at a practical valuation for the theatre and the land and the buildings. It was only pursuant to such discussion and consensus that the values were fixed as indicated above. Therefore, the parties cannot now resile from the position earlier agreed upon and re-agitate the issue of valuation.7. This Court had passed the said order after holding discussions with the counsel and upon understanding the basis of valuation of the properties. When the learned counsel for the plaintiff requested permission for the plaintiff to retain Item No.5 of the suit schedule property, this Court directed that calculations be made regarding the exact amount payable by the defendants to the plaintiff to enable the plaintiff to retain the land and building comprised in Item No.5 in entirety.8. The defendants had also accepted the computation relating to the actual amounts payable towards the 1/7th share of the theatre complex and the land and building situated at Door No.15A, North Mada Street, Kolathur, Chennai – 600 099 (Item No.6 of the suit property), though they sought three months’ time to make such payment.9. This Court had further directed that one-sixth of the income derived from the theatre be paid to the plaintiff until the final settlement of the amount. When things are progressing in such a fashion the matter cannot be once again be racked up by some of the applicants by making an afterthought and by filing https://www.mhc.tn.gov.in/judis A No. 4868 of 2025these kind of applications. Hence, this Court finds no merit in the present applications, and accordingly, both the applications stand dismissed.08-10-2025[1/2]Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis A No. 4868 of 2025R.N.MANJULA J.jrsA No. 4868 of 2025AND CS NO. 520 OF 2013,A NO. 4869 OF 2025,OA NO. 133 OF 2015,OA NO. 132 OF 201508-10-2025