Joint family property - Father mortgaged the property with bank for loan - commit default - bank initiated recovery proceedings - Partition sui filed by the minor sons before civil court is maintainable - Overruled the judgement passed by the supreme court in Jagdish Singh v. Heeralal and others [2014 (1) SCC 479]

 

Citation

 

2024(1) CTC 158

 

C.R.P.No.3315 of 2018

 
IN THE HIGH COURT OF JUDICATURE AT MADRAS

 
Reserved on : 31.07.2023
Pronounced on : 27.09.2023

 
CORAM
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN

 
C.R.P.No.3315 of 2018

 
IDBI Bank,
Salem Branch,
rep. by its Manager,
Mr.V.Gopalakrishnan,
No.3, K.T. Tower,
Omalur Main Road,
Four Road,
Salem Town. ... Petitioner/6th Defendant

 
Vs.

 
1.Minor Sri Hari Aadharsh
2.Minor Geetha Sri
Minors represented by their
next friend grandmother
Tmt.T.Gandhimathi

3.K.Venkatraman
4.Dineshkumar
5.Suganya
6.Prabavathi
7.Gayathri ... Respondents 3 to 6/Defendants 1 to 5

 

Overruled the judgement in

Jagdish Singh v. Heeralal and others [2014 (1) SCC 479]