Partly allowed

R. Pitchai v. v. Vasanthasena

Madras HC2 Jun 2020SA(MD)/548/2017

Case brief

AI extract

What is this about?

In a second appeal concerning a property dispute, the Madurai Bench of the Madras High Court dismissed the appeal but modified the decree. The court directed defendants to execute a sale deed in favor of the plaintiff and ordered the recovery of sale consideration, while awarding nominal costs to the appellants.

What did the court decide?

Direction to execute sale deed in three months; award of sale consideration to defendants 3 to 5; delivery of costs of Rs. 40 to appellants.

R. Pitchai Vs v. Vasanthasena — Partition | Madras HC (2020)

¶1

SA(MD). No.548 of 2017

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

(Civil Appellate Jurisdiction)

¶4

Tuesday, the Second day of June Two Thousand and Twenty

¶5

PRESENT

¶6

The Hon'ble Mr.Justice S.S.SUNDAR

¶7

SA(MD). No.548 of 2017

¶8

1 R. PITCHAI

¶9

2 R.ANGAPPAN

¶10

3 R.RENGASAMY ...Appellants/Appellants/Defendants 3 to 5

¶11

¶12

1 V. VASANTHASENA ...1^st Respondent/1^st Respondent/Plaintiff

¶13

LAKSHMI AMMAL (DIED)

¶14

2 UMA MAHESHWARI ...2^nd Respondent/3^rd Respondent/2^nd Defendant

¶15

3 SASIKALA DEVI ...3^rd Respondent/4^th Respondent

¶16

PRAYER:

¶17

Second Appeal filed under Section 100 of the Civil Procedure Code, to set aside the judgment and decree, dated 04.07.2017 made in A.S.No.13 of 2013 on the file of the Additional District Court (Fast Tract Court), Palani, confirming the judgment and decree, dated 30.11.2012 made in O.S.No.161 of 2007 on the file of Subordinate Court (Kodaikanal Camp), Palani.

¶18

DECREE:-

¶19

Second Appeal coming on for hearing on Thursday, the Twenty Ninth day of August Two Thousand and Nineteen and upon perusing the Grounds of Appeal and the judgments and decrees of the Lower Appellate Court and the Court of First Instance and upon hearing the arguments of Mr.S.Subbiah, Senior Counsel appearing for M/s.V.S.Karthik Associates, Advocate for the Appellants and of Mr.J.Bharathan for Mr.T.Lenin Kumar, Advocate for the 1^st and no one appeared for the respondents 2 and 3 and this Court while dismissing the Second Appeal and having stood over the matter for consideration till this date, doth order and decree as follows:

¶20

1 The judgment and decree, dated 04.07.2017 made in A.S.No.13 https://hcservices.ecourts.gov.in/hcservices/ of 2013 on the file of the Additional District Judge (Fast Tract

¶21

1/3

¶22

SA(MD). No.548 of 2017

¶23

Court), Palani, confirming the judgment and decree, dated 30.11.2012 made in O.S.No.161 of 2007 on the file of Subordinate Judge (Kodaikanal Camp), Palani be and hereby are modified and the Second Appeal is dismissed;

¶24

2 That the defendants 1 to 5 be and hereby are directed to execute the sale deed in favour of plaintiff within a period of three months from the date of receipt of this judgment;

¶25

3 That the defendants 1 and 2 be and hereby are entitled to withdraw the amount deposited by plaintiff in Court;

¶26

4 That the appellants/defendants 3 to 5 be and hereby are entitled to recover the amount received by defendants 1 and 2 by way of sale consideration for the sale deed, dated 27.09.2007 and;

¶27

5 That the respendents be and hereby are directed to pay the sum of Rs.40/-(Rupees Fourty only) to the appellants for the costs incurred in this Second Appeal.

¶28

MEMORANDUM OF CASES

¶29

Respondent Rs. P.

¶30

Stamp for Vakalatnama	10.00
Advocate welfare stamp	30.00
Translation Printing/Typing Charges	Nil ------
To be paid by the Petitioner
to the Respondent	40.00 ------

¶31

jpz;Lf;fy; khtl;lk;. bfhilf;fhdy; jhYfh. bfhilf;fhdy; fpuhkk;. g[";ir epyk; gl;lh vz; 414. rh;nt vz; 71-7y; fl;Lg;gl;l bcwf;/0.59/0 tp!;jPuzKs;s epyKk;. mjpy; fl;oa[s;s jfu tPL cl;gl/ (nkw;go brhj;jpy; bghJtpy; 2-3 ghfj;ijg; bghWj;J kl;Lnk jhth)/

¶32

// True Copy //

¶33

/ /2020 Sub Assistant Registrar(CS)

¶34

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

¶35

2/3

¶36

SA(MD). No.548 of 2017

¶37

¶38

1.The Additional District Judge (Fast Tract Court), Palani.

¶39

2.The Subordinate Judge (Kodaikanal Camp), Palani.

¶40

Copy to :

¶41

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai. (+2copies)

¶42

+1 CC to M/s.VS.KARTHI, Advocate SR-13045

¶43

ORDER DATED : 02/06/2020 =========================== DECREE =========================== SA(MD). No.548 of 2017

¶44

Nature of Decree : Dismissing the Second Appeal against the judgment and decree, dated 04.07.2017 made in A.S.No.13 of 2013 on the file of the Additional District Court (Fast Tract Court), Palani, confirming the judgment and decree, dated 30.11.2012 made in O.S.No.161 of 2007 on the file of Subordinate Court (Kodaikanal Camp), Palan, etc., as stated within.

¶45

SDS (14.07.2020) 3P-6C

¶46

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

¶47

3/3

R. Pitchai v. v. Vasanthasena

Case brief

What is this about?

What did the court decide?

R. Pitchai v. v. Vasanthasena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jeya Vs Prabhu

S.S.Subramaniam Vs a.G.Anila Daniel

S.S.Subramaniam Vs a.G.Anila Daniel

Amertham Vs Thannace

S.Muthumanickaraja, Vs the Managing Director

P.Dharmar (Deid) Vs Deputy Inspector General