Second appeal filed by defendant challenging permanent injunction decree. Court set aside the lower appellate court decree due to lack of findings and admitted evidence, restoring the trial court decree dismissing the suit.
Judgment and decree of the lower appellate Court set aside; judgment and decree of the Trial Court restored.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.02.2017
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
S.A.(MD).No.443 of 2011& M.P.(MD).No.1 of 2011
Padmavathy
..Appellant/Defendant/Defendant
Vs.
Sundararajan
..Respondent/Appellant/Plaintiff
Prayer:-Second Appeal is filed under Section 100 of CPC against the judgment and decree dated 09.02.2011 made in A.S.No.26 of 2010 on the file of the Additional Sub Court, Thanjavur for partly modifying the judgment and decree, dated 22.06.2009 made in O.S.No.138 of 2005 on the file of the District Munsif Court, Thanjavur.
For Appellant :Mr.T.Lajapathi Roy
For Respondent :Mr.K.Vaithilingam
JUDGMENT
Aggrieved over the judgment and decree passed in A.S.No.26 of 2010 on the file of Additional Sub Court, Thanjavur, modifying the judgment and decree passed in O.S.No.138 of 2005 on the file of District Munsif, Thanjavur, the defendant has filed the above second appeal.
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preferred an appeal in A.S.No.26 of 2010 and the lower appellate Court modified the judgment and decree of the Trial Court by granting the decree for permanent injunction in respect of a portion marked as 'CDPO' in Ex.C2, Commissioner's plan. Against the judgment and decree of the lower appellate Court, the defendant has filed the above second appeal.
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finding given by the lower appellate Court, the decree passed by the lower appellate Court is liable to be set aside.
Sd/
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar.
To
1.The Additional Subordinate Judge, Thanjavur.
2.The District Munsif, Thanjavur.
3.The Section Officer, VR Records,
Madurai Bench of Madras High Court, Madurai.
+1CC to M/S.T.Lajapathi Roy, Advocate, SR.No. 5870
Judgment made in S.A.(MD).No.443 of 2011 & M.P.(MD).No.1 of 2011 02.02.2017
jikr
AM/PM PN/16.02.2017/3P/5C
2 issues framed by the court
Whether the second appeal should be allowed due to lack of findings by the lower appellate court regarding the disputed portion?
Whether the plaintiff can claim rights in property T.S.No.1331 which he admitted belongs to the defendant?
1 provisions across 1 enactments
Padmavathy
Sundararajan
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
