MINOR S SUMYUKTHA Vs. M PONNAMMAL

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellants/petitioners against the order and decreetal order, dated 30.01.2009, made in G.W.O.P.No.188 of 2008, on the file of the Principal Sub Court, Erode, praying to set aside the the said Order passed by the Principal Sub Court, Erode.

(2.) The short facts of the case are as follows: The minor petitioners namely S.Sumyuktha and S.Rithanya, aged about about 16 years and 7 years respectively and daughters of Late.M.Subramanian, are residing along with their mother, S.Devi Subramanian, at Puduthottam, Vadugapatti Post, Arachalur Via, Erode Taluk. The mother of the minor petitioners has filed the above G.W.O.P.No.188 of 2008, seeking permission to sell the property belonging to the minor petitioners, which is the schedule mentioned property of the petition. The schedule mentioned property is as follows: Tiruppur Registration District, Sulur Sub-Registration District, Palladam Taluk, Karumathampatti Village, Patta No.2280, G.S.No.295, in this Punja Acres 5.20, in this East of North-south Cart-track West of properties described in A Schedule North of lands leading in G.S.No.294 and South of lands leading in G.S.No.297/2 within the said boundaries, an extent of Punja Acres 1.75 cents of land, which is in Punja hec.0.71.0, with common rights to use the roads, etc.,

(3.) The petitioner submitted that the father of the minor petitioners namely (Late) Subramanian, was carrying out business under the name and style of 'Sivasakthi Textiles', at Somanur and that he was heavily indebted in his business career due to flexibility of market rates of the products. Under such circumstances, due to his heart-ailment, he died on 11.05.2006, leaving behind him, the present minor petitioners namely S.Sumyuktha and S.Rithanya, his wife S.Devi Subramanian and his mother Ponammal, the respondent herein are the only legal heirs of the deceased Subramanian.