In this second appeal regarding a suit for injunction over property shares, the High Court found no merit in the appeal and dismissed it, upholding the lower court's decision that plaintiffs were entitled to peaceful possession.
Second Appeal dismissed with no costs.
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: 12.12.2018
Coram:
The Honourable Dr.Justice G.JAYACHANDRAN
Second Appeal No.866 of 2004
..Respondents/Respondents/Defendants 3 & 4
(RR-6 and 7 brought on record as LRs of the deceased 1st Appellant vide order of Court dated 07.04.2015 made in C.M.P.No.169 of 2015 in S.A.No.866/2004)
PRAYER: This Second Appeal is filed under Section 100 of Civil Procedure Code, 1908, against the Judgment and decree dated 25.11.2002 in O.S.No.392 of 1997 on the file of the III Additional District Munsif Court, Pondicherry as confirmed by the Judgment and decree dated 02.09.2003 in A.S.No.17 of 2003 on the file of the II Additional District Court, Pondicherry.
For Appellants : Mr.Kemp Raj For R1 to R3 : Mr.T.Sathiyamoorthy for M/s.G.M.Mani Associates For R4 & R5 : Given up For R6 & R7 : Not ready in notice J U D G M E N T
Heard the learned counsel for the appellant.
1 issue framed by the court
Whether the plaintiffs have rights to peaceful possession of the suit property after purchasing shares inheriting by succession.
1 provisions across 1 enactments
Kuttiyandi @ Balu(Deceased)
Sathiyaseelan
Muthulatchumy
Janaki
Baste Soubbarayalou @ Irousappan
Saradamballe Mare
Dr.Justice G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
