The Madurai Bench of Madras High Court dismissed an appeal suit filed under Section 96 CPC. The appellant challenged a judgment and final decree regarding property allotment. The court observed that continuous possession by the parties rendered the order workable and enforceable.
Appeal suit dismissed; no costs awarded.
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.
AS(MD). No.101 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(Civil Appellate Jurisdiction)
Tuesday, the Third day of November Two Thousand and Twenty
PRESENT
The Hon'ble Mr.Justice M.GOVINDARAJ
AS(MD). No.101 of 2020
P.BALAKRISHNAN ...Appellant/1st Respondent/1st Defendant
Vs
1 P.BASKARAN ...1st Respondent/Petitioner/Plaintiff
2 P.SRINIVASAN
3 SURESH
4 JEGANLAL
5 MANOJI (RESPONDENTS NO.3 TO 5 ARE TENANTS VACATED FROM THE SUIT PROPERTY AND SET EXPARTE BEFORE THE TRIAL COURT HENCE NO NOTICE IS NECESSARY)
...Respondents 2 to 5/Respondents 2 to 5/Defendants 2 to 5
Prayer:-
Appeal Suit filed under Section 96 of the Code of Civil Procedure, praying this Court to set aside the judgment and final decree dated 01.11.2019 passed in I.A.No.601 of 2008 in O.S.No.218 of 2004 on the file of the VI Additional District and Sessions Court, Madurai.
DECREE:-
Appeal Suit is coming upon for hearing on this day, upon perusing the grounds of Appeal and the judgment and final decree passed in I.A.No.601 of 2008 in O.S.No.218 of 2004 and upon hearing the arguments of Mr.A.Saravanan, Advocate for the Appellant and of Mr.T.C.S.Thillai Nayagam, Advocate for the 1st Respondent and of Mr.B.Thangamani, Advocate for the 2nd Respondent, this Court while observing and dismissing this Appeal Suit that the allotment of shares to the respective parties and continuous possession by the appellant as well as the first respondent show that it is workable and enforceable order and that there be no costs in this Appeal Suit.
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AS(MD). No.101 of 2020
SCHEDULE OF PROPERTY
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Sd/-
Assistant Registrar(CS-II)
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
TO
The VI Additional District and Sessions Court, Madurai.
Copy to
The Section Officer,V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies)
+1 CC to Mr.T.C.S.THILLAINAYAGAM, Advocate SR-21031 +2 CC to Mr.A.SARAVANAN, Advocate SR-20944 +1 CC to Mr.B.THANGAMANI, Advocate SR-20945
ORDER DATED : 03/11/2020 ========================== DECREE
========================== AS(MD). No.101 of 2020
Nature of Decree:Dismissing the Appeal Suit to set aside the judgment and final decree dated 01.11.2019 made in I.A.No.601 of 2008 in O.S.No.218 of 2004 on the file of the VI Additional District and Sessions Court, Madurai etc., as stated within.
NS(CO) TR(20.11.2020) 2P 8C
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1 issue framed by the court
Whether the appeal suit to set aside the judgment and final decree regarding allotment of shares and possession should be allowed.
1 provisions across 1 enactments
P. BALAKRISHNAN
P. BASKARAN
P. SRINIVASAN
SURESH
JEGANLAL
MANOJI
M. GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
