Supreme Court - Daily Orders
M.M. Shanmugasundaram And Ors . vs Chandrasekaran And Anr on 24 October, 2017
Bench: Arun Mishra, Mohan M. Shantanagoudar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10083 OF 2016
M.M. SHANMUGASUNDARAM & ORS. Appellant(s)
VERSUS
CHANDRASEKARAN & ANR. Respondent(s)
O R D E R
Heard learned counsel for the parties.
In view of the decision rendered by this Court in V.Tulasamma & Ors. vs. Sesha Reddy (Dead) By LRs. (1977) 3 SCC 99), we do not find any merit in this appeal.
Learned counsel for the appellant has placed reliance on the decisions of this Court in Gulabrao Balwantrao Shinde and Ors. vs. Chhabubai Balwantrao Shinde and Ors. (2003) 1 SCC 212, Bhura and Ors. vs. Kashi Ram (1994) 2 SCC 111, S.Rajagopal Chettiar vs. Hamasaveni Ammal & Ors. (1991) 4 SCC 383 and Shivdev Kaur (Dead) By LRs. & Ors. vs. R.S.Grewal (2013 (4) SCC 636). In all these cases, the women was not having a pre-existing right as defined in para 69 of V.Tulasamma & Ors. (supra) and thus the facts in those cases are distinguishable.
The appeal being bereft of merits is hereby dismissed.
.......................J. (ARUN MISHRA) Signature Not Verified Digitally signed by ASHWANI KUMAR Date: 2017.11.06 10:26:26 IST Reason: .......................J. (MOHAN M.SHANTANAGOUDAR) NEW DELHI, OCTOBER 24, 2017.
ITEM NO.109 COURT NO.10 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).10083/2016 M.M. SHANMUGASUNDARAM AND ORS . & ORS. Appellant(s) VERSUS CHANDRASEKARAN AND ANR & ANR. Respondent(s) (and IA No.66374/2017-APPLICATION FOR SUBSTITUTION) Date : 24-10-2017 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Appellant(s) Mr.S.Janani, Adv.
Ms.Shruti Bist, Adv.
Mr.Vatsal Kumar, Adv. For Respondent(s) Mr.M.A.Chinnasamy, Adv. Ms.C.Rubavathi, Adv. Mr.V.Senthil Kumar, Adv. Mr.S.Peer Mohammad, Adv. Mr.P.Raja Ram, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
All applications also stand disposed of.
(Ashok Raj Singh) (Tapan Kumar Chakraborty)
Court Master Court Master
(Signed Order is placed in the file