In two second appeals regarding sale of suit properties, the High Court dismissed the appeals after noting the submission that properties were sold to the first respondent's son, leaving nothing for adjudication.
Second appeals dismissed. Connected miscellaneous petitions closed. No costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.10.2021
CORAM
THE HONOURABLE MRS. JUSTIC E R. HEMALATHA
S.A.Nos.1147 & 1148 of 2011 and M.P.Nos.1 & 1 of 2011
Palanimuthu (Died) ... Appellant/Defendant 1.Indiragandhi 2.Sakthivel 3.Mala 4.Sudha 5.Prabhu ... Appellants in both Second Appeals (Cause title accepted vide order of Court dated 08.06.2011 made in M.P.Nos.2 & 2/2011 in S.A.Sr.Nos.42596 & 42598/2010)
Vs.
1.Periyasamy 2.Sasikumar ... Respondents/Respondents/Defendant in S.A.No.1147 of 2011 Periyasamy ... Respondent/Respondent/Plaintiff in S.A.No.1148 of 2011
Prayer in S.A.No.1147 of 2011: Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 29.02.2008 in A.S. No.89 of 2007, on the file of the Principal Subordinate Court, Virudhachalam, upholding the decree and judgment dated 08.09.2006 in O.S. No.400 of 2000, on the file of the Principal District Munsif Court, Virudhachalam.
Prayer in S.A.No.1148 of 2011: Second Appeal filed under Section 100 of the Civil Procedure against the decree and judgment dated 29.02.2008 in A.S. No.92 of 2007, on the file of the Principal Subordinate Court, Virudhachalam, upholding the decree and judgment dated 08.09.2006 in O.S. No.166 of 2004, on the file of the Principal District Munsif Court, Virudhachalam.
In both S.As:
COMMON JUDGMENT
It is represented by the learned counsel appearing for the appellants that the suit properties were sold to the son of the first respondent and therefore nothing survives for further adjudication.
2. Recording the said submission, both the second appeals are dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
mtl/ham
To
+2cc to M/s.Sarvabhauman Asso, Advocate, S.R.No.55256,54920 +2cc to Mr.G.Surya Narayanan , Advocate, S.R.No.55253, 55254
S.A.Nos.1147 & 1148 of 2011 and M.P.Nos.1 & 1 of 2011
PVS(CO) CT/17/12/2021
Palanimuthu (Died) and others
Periyasamy (Respondent in S.A.No.1147); Periyasamy (Plaintiff in S.A.No.1148)
E R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
