The High Court of Madras dismissed the Second Appeal filed under Section 100 of the CPC. The Court confirmed the judgment and decree of the Additional Subordinate Court, Vridhachalam, upholding the lower courts' findings in the property dispute.
Judgment and decree of the Additional Subordinate Court confirmed; Second Appeal 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
THURSDAY THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE
PRESENT:
THE HONOURABLE MS.JUSTICE P.T.ASHA Second Appeal No.1323 of 2009
Gnanam (died)
.. Deceased LR of Appellant/LR of Defendant/LR of Defendant
2.Valli
(2nd appellant brought on record as LR of the deceased sole appellant viz. Gnanam vide order of Court dated 03.08.2020 made in M.P.1 to 3 of 2014
... Appellants Vs. 1.Kasturi W/o.Govindasamy ..1st Respondent/1st Respondent/Plaintiff 2.Andal W/o.Athimoolam 3.Gomathi W/o.Purushothaman
4.Malarvizhi W/o.Pichaimuthu (Respondents 2 to 4 are given up as unnecessary parties) ... Respondents2 to 4/ Respondents 2 to 4/ Respondents 2 to 4
Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Additional Sub Court, Vridhachalam dated 31.12.2008 made in A.S.No.144 of 2007 confirming the judgment and the decree of the First Additional District Munsif's Court, Vridhachalam dated 18.07.2007 made in O.S.No.294 of 2003.
Decree:This Second Appeal coming on for hearing on this day and upon perusing the Grounds of Appeal , the order of the Lower appellate Court and the Court of instance and the material papers in the case and upon hearing the arguments of
Mrs.R.Meenal,Advocate for the Appellant and of Mr.Amarnath, Advocate for the First respondent and the Respondents 2 to 4 having been given Up and this Court,doth order and decree as follows:
i)that the judgment and decree of the Court of the Additional Subordinate Judge, Vridhachalam dated 31.12.2008 made in A.S.No.144 of 2007 confirming the judgment and the decree of the First Additional District Munsif's Court, Vridhachalam dated 18.07.2007 made in O.S.No.294 of 2003 be and hereby are confirmed and this Second Appeal is dismissed; and
ii)that there be no costs in this Second Appeal.
Sd/Deputy Registrar(TNMCC)
//True Copy//
Sub Assistant Registrar
To:
1.The I Additional District Munsif Court Vridhachalam
2.The Additional Sub Court Vridhachalam
Copy to:
The Section Officer, VR Section,
High Court,Madras
+1 cc to Mrs.R.Meenal, Advocate Sr.NO. 29653
DATED:24.06.2021
DECREE S.A.No.1323 of 2009
Dismissing the Second Appeal preferred against the judgment and decree of the Court of the Additional Subordinate Judge, Vridhachalam dated 31.12.2008 made in A.S.No.144 of 2007 confirming the judgment and the decree of the First Additional District Munsif's Court, Vridhachalam dated 18.07.2007 made in O.S.No.294 of 2003 etc as stated within.
gpl(CO)
A.SK(28.10.2021)
1 issue framed by the court
Whether the Second Appeal filed under Section 100 of the CPC should be allowed against the judgment and decree of the Additional Subordinate Court.
3 provisions across 3 enactments
Valli
Gnanam (died)
Kasturi W/o.Govindasamy
Andal W/o.Athimoolam
Gomathi W/o.Purushothaman
Malarvizhi W/o.Pichaimuthu
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
