S.Karuppaiah, v. Alagammai (Died)
Case brief
What is this about?
In a second appeals, the Single Judge dismissed the appeal without admission, holding that findings on the validity of a marriage made in earlier partition suits operate as res judicata, barring the appellant from re-agitating the question.
What the court decided
A compact analysis
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.
S.A.(MD).No.746 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2019 CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN S.A.(MD).No.746 of 2016 and C.M.P.(MD) No.11870 of 2016 S.Karuppaiah ..Appellant/Appellant/Plaintiff Vs.
Alagammai (died) 1.Muthaiah @ Mani 2.Valliammai @ Santhanavalli 3.Thendral @ Ulagammai 4.Minor Ulagamayee @ Subalatha Minor represented by her mother and next friend 2nd respondent ..Respondents/Respondents 2 to 5 / Defendants 2 to 5
PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside the Judgment and decree dated 31.08.2016 in A.S.No.7 of 2015 on the file of the Principal District Judge, Pudukkottai, confirming the decree and judgment dated 27.08.2015 in O.S.No.61 of 2010 on the file of Subordinate Judge, Pudukkottai.
For Appellant : Mrs.N.Krishnaveni senior counsel for Mr.P.Thiagarajan For R1 : Mr.K.Baalasundharam For R2 to R4 : Mr.N.Balakrishnan JUDGMENT
The plaintiff in O.S.No.61 of 2010, who failed before the Courts below in her attempt to obtain a declaration that the first defendant is not the legally wedded second wife, the second defendant and his deceased brother, Ulagappan, are not the legitimate sons of their father Subbaiah and a declaration that she is the absolute owner of the 4th Item of suit property, has come up with this appeal.
2.The case of the plaintiff is that the suit property originally belonged to the joint family consisting of the plaintiff, his heirs and his father Subbaiah. The said Subbaiah had married the mother of the plaintiff, Lakshmi and through her, the plaintiff and one Meenal, were born. The said Meenal predeceased Subbaiah without any issue.
Issues for consideration
2 issues framed by the court
Whether findings regarding the validity of a marriage, made in earlier partition proceedings, operate as res judicata to bar a subsequent claim challenging that marriage.
Whether a finding that a marriage was valid and prior to 1955 renders a petitioner's attempt to reopen that issue in a later suit barred by the principle of res judicata.
Parties & counsel
- appellant
S.Karuppaiah
- respondent
Alagammai (died)
- respondent
Muthaiah @ Mani
- respondent
Valliammai @ Santhanavalli
- respondent
Thendral @ Ulagammai
- respondent
Case details
As recorded by the court registry
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