In a Civil Appellate Jurisdiction petition, the Madurai Bench permitted both the petitioner and respondent to carry out repair works on their respective portions of a co-owned property pending the disposal of the underlying appeal.
Permission granted to both parties to conduct repair work on their respective portions without claiming equity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Fourth day of July Two Thousand Seventeen
PRESENT
The Honble Mr.Justice M.M.SUNDRESH and The Honble Mr.Justice N.SATHISH KUMAR
CMP(MD) No.5387 of 2017 IN AS(MD) No.244 of 2015
M.SAMYDURAI ... PETITIONER/RESPONDENT
Vs
M.DARMARAJ ... RESPONDENT/APPELLANT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to repair the roof and other incidental repair work in Item No.3 of the B schedule suit property in Plot No.51 and to extent of 871 sq.ft. situated in Survey No.24, Gudalur village, chengalpattu Taluk, Kancheepuram District pending disposal of the above appeal.
PRAYER IN AS(MD) No.244 of 2015:First Appeal against the decree and judgment dated 29.4.2015 made in O.S.No.26 of 2012 on the file of Additional District Court, Pudukkottai.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.DEVARAJ, Advocate for the petitioner and of Mr.P.Thiagarajan, Advocate for the respondent, the court made the following order:-
Both counsels would submit that the renovation work can be done in respect of each of their respective portions. There is no difficulty to permit both. As on today, they ave the status of the https://hcservices.ecourts.gov.in/hcservices/ co-owners, though, the appellant case is that one of the exclusive title, which is a matter to be decided at the time of appeal.
In such view of the matter, this petition is ordered by permitting both the petitioner and the respondent to put up repair works in item No.3 of the 'B' schedule property to their respective portions. However, it is made clear that the parties shall not claim any equities.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO THE ADDITIONAL DISTRICT JUDGE PUDUKKOTTAI
+1. C.C. to M/S.R.DEVARAJ Advocate SR.No.25885
sm:RR-BS:SAR 3:6.7.2017:2p/3c
2 issues framed by the court
Whether the petitioner can be permitted to repair his portion of the co-owned property pending the disposal of the appeal.
Whether the respondent can be permitted to repair his portion of the co-owned property pending the disposal of the appeal.
1 provisions across 1 enactments
M.SAMYDURAI
M.DARMARAJ
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
