Plaintiff appealed against a judgment confirming a trial court decree granting declaration and injunction for suit and encroached property. The high court found no legal error in the appellate court's confirmation and dismissed the second appeal.
Second Appeal dismissed; no costs; connected miscellaneous petitions closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.12.2018
Coram:
The Honourable Dr.Justice G.JAYACHANDRAN
Second Appeal No.1836 of 2004 & C.M.P.Nos.14452, 18552 of 2004 & C.M.P.No.2115 of 2005 & C.M.P.No.1210 of 2009
Marimuthu Gounder,
S/o.Nanni Gounder,
M.Kunnathur Village,
Ulundurpet Taluk, ... Appellant/Respondent/Plaintiff
Vs.
1. Kaliyaperumal,
S/o.Angamuthu,
M.Kunnathur Village,
Ulundurpet Taluk.
2. Chinnavandu,
S/o.Angamuthu,
M.Kunnathur Village,
Ulundurpet Taluk.
3. Kali,
S/o.Angamuthu,
M.Kunnathur Village,
Ulundurpet Taluk. ... Respondents/Appellant/Defendant
PRAYER: This Second Appeal has been filed under Section 100 of
Civil Procedure Code, praying against the judgment and decree
dated 27.02.2004 made in A.S.No.146 of 2003 on the file of the
II Additional Subordinate Court, Villupuram reversing the
judgment and decree dated 21.03.2001 made in O.s.No.810 of 1995
on the file of the II Additional District Munsif Court,
Ulundurpet.
For Appellant : Mr.T.Dhanyakumar For R3 : Mr.V.Raghavachari For R1 & R2 : No Appearance
J U D G M E N T
Heard the learned counsel for the appellant.
-s/dAssistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
bsm To,
1.The II Additional Subordinate Court, Villupuram
2.The II Additional District Munsif Court, Ulundurpet, Villupuram District.
Copy to
The Section Officer VR Section, High Court, Madras 104.
+1 CC to Mr.T.Dhanyakumar, Advocate sr 88815.
+1 CC to Mr.V.Raghavachari, Advocate sr 88611.
Second Appeal No.1836 of 2004
SSV(CO)
SP(22/02/2019)
1 issue framed by the court
Whether the first appellate court committed legal error by confirming the trial court judgment regarding property measurement and declaring it as modification of decree.
1 provisions across 1 enactments
Marimuthu Gounder
Kaliyaperumal
Chinnavandu
Kali
Dr.Justice G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
