Kandhasamy v. Girija
Case brief
What is this about?
The High Court of Madras dismissed an appeal filed under Section 100 CPC against a judgment confirming orders releasing possession. The court relied on Shreenath v. Rajesh (AIR 1998 SC 1827) to hold that the maintenance of such an application is established.
What did the court decide?
Appeal dismissed; no costs; connected petition closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.M.S.A.NO.62 OF 2021 AND C.M.P.NO.12296 OF 2021
Kandhasamy ... Petitioner
.Vs.
- Girija
- Dhanapal ... Respondents
PRAYER:-
This Appeal is filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 12.02.2021 passed in C.M.A.No.3 of 2018 on the file of Sub Court, Ulundurpet, confirming the fair and decreetal Orders dated 26.11.2015 passed in E.A.No.493 of 2013 in E.P.No.167 of 2011 in O.S.No.82 of 2011 before the Principal District Munsif Court, Ulundurpet.
For Petitioner : Mrs.R.Meenal
Issues for consideration
2 issues framed by the court
Whether the provisions of Order 21 Rule 97 of C.P.C. can be invoked by a person claiming independent title.
Whether the appeal against the confirming judgment should be allowed.
Parties & counsel
- appellant
Kandhasamy
- respondent
Girija
- respondent
Dhanapal
Coram
Case details
As recorded by the court registry
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