Partly allowed

Nijamudeen, v. Ramshad Ali

Madras HC26 Sept 2018SA(MD)/345/2015

Case brief

AI extract

What is this about?

This is the order in a Second Appeal where the Madurai Bench of the Madras High Court set aside the judgment of the Additional Subordinate Court and decreed the Appellants from interfering with the Respondent's possession of property item No.4, dismissing the appeal as against the Principal District Munsif's decree.

What did the court decide?

The judgment and decree of the Additional Subordinate Judge dated 05.11.2014 in A.S.No.7 of 2011 are set aside. Appellants are restrained from interfacing with the Respondent's possession in respect o

Nijamudeen, Vs Ramshad Ali — Property and Title | Madras HC (2018)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Wednesday, the Twenty Sixth day of September Two Thousand and Eighteen

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PRESENT

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The Hon`ble Mr.Justice S.S.SUNDAR SA(MD) No.345 of 2015

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1 NIJAMUDEEN,

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2 SAHUBAN SAHIB ..Appellants/Respondents/Defendants

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RAMSHAD ALI ..Respondent/Appellant/Plaintiff

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Second Appeal filed under section 100 of C.P.C., against the judgment and decree of the Additional Subordinate Court, Tenkasi, dated 05.11.2014 made in A.S.No.7 of 2011 confirming the judgment and decree of the Principal District Munsif, Tenkasi, dated 21.12.2010 made in O.S.no.253 of 2008.

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DECREE:

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This Appeal coming on for hearing on Monday, the Nineth day of July, Two Thousand and Eighteen, upon perusing the grounds of Appeal, and order of the Lower Appellate Court and the Court of first instance and the material papers to this Appeal and upon hearing the arguments of Mr.J.Bharathan, Advocate for the Appellants and of Mr.Ajmal Khan, Senior Counsel, for M/s.Ajmal Associates, for Respondent and having stood over for consideration till this day and this Court while dismissing the Second Appeal, doth order and decree as follows:

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(i)that the judgment and decree of the Additional Subordinate Judge, Tenkasi, dated 05.11.2014 made in A.S.No.7 of 2011 be and hereby is set aside.

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(ii)that the Appellants herein/Defendants are retrained from interfacing with the respondent herein/Plaintiffs possession in O.S.No.253 of 2008 on the file of the Principal District Munsif, Tenkasi be and hereby is decreed in respect of the item No.4 only.

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(iii)that there be no costs in this Second Appeal. (*)Schedule of property vide attached Separate sheet. Sd/-

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Assistant Registrar (T AND P)

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// True Copy //

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https://hcservices.ecourts.gov.in/hcservices/

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Sub Assistant Registrar(CS III)

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1.THE ADDITIONAL SUBORDINATE JUDGE, TENKASI.

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2.THE PRINCIPAL DISTRICT MUNSIF, TENKASI.

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Copy To:

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The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. (2 copies )

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+1CC to Mr.T.R.JEYAPALAM , Advocate SR.No.86791. +1CC to M/s.AJMAL ASSOCIATES ,IN SR.No.86966.

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ORDER DATED :26/09/2018 DECREE SA(MD) No.345 of 2015 Nature of Decree:

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Dismissing the Second Appeal as against the judgment and decree of the Additional Subordinate Court, Tenkasi, dated 05.11.2014 made in A.S.No.7 of 2011., etc., as stated within.

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DS/PM /SAR-3 (19.02.2019) 2 P 7C

¶27

https://hcservices.ecourts.gov.in/hcservices/

Nijamudeen, v. Ramshad Ali

Case brief

What is this about?

What did the court decide?

Nijamudeen, v. Ramshad Ali

Case brief

What is this about?

What did the court decide?

What the court decided

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