Dismissed

Duraisamy v. Sengodan (Died) S/O. Veeran

Madras HC20 Sept 2021SA/22/2017

Case brief

AI extract

What is this about?

This Second Appeal under Section 100 CPC against decrees in a property suit was dismissed. The High Court held that the question of law regarding denial of relief based on adverse possession, ouster, acquiescence, and bar of limitation was answered against the appellants in the lower courts, leading to dismissal with no costs.

What did the court decide?

The Second Appeal was dismissed; no costs awarded.

Duraisamy Vs Sengodan (Died) S/O. Veeran — Succession and Inheritance | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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MONDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT: THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

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S.A.No.22 of 2017

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Duraisamy 2. Kaliannan 3. Perumayee 4. Pappathi 5. Rajammal ... Appellants /Appellant/2 to 6 Plaintiffs Vs. Sengodan (died) 1. Dhanalakshmi ... Respondent/2^nd Respondent/2^nd Defendant P.Varudhayee (died) 2. Saravanan ... Respondent/4^th Respondent/4^th Defendant 3. Palaniyandi ... Respondent/5^th Respondent/5^th Defendant Chellammal (died) Anggayee (died) 4.Palaniammal ... Respondent/8^th Respondent/8^th Defendant 5. P.Sundaraj ... Respondent/9^th Respondent 6. Paramasivam 7. Devan 8. Meena ... Respondents

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Prayer:Second Appeal is filed under Section 100 of the Civil Procedure Code against the Judgment annd Decree dated 05.06.2015 passed in A.S.No.13 of 2009 on the file of the Sub Judge, Namakkal, confirming the Judgment and decree dated 19.09.2006 passed in O.S.No.484 of 2001 on the file of the Additional District Munsif, Namakkal.

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DECREE:This Second Appeal coming on for hearing on this day, perusing the Grounds of Appeal, the Judgment and Decrees of the

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Lower Appellate Court and the court of First instance and the material papers in the suit and upon hearing the arguments of Mr.N.Subramanian, Advocate for the Appellant, and Mr.T.L.Thirumalaisamy, Advocate for the Respondents and this Court observing that the question of law that relief shall be denied to the respondents on the grounds of adverse possession, ouster and acquiescence and bar of limitation are all having been answered against the appellants this court doth order and decree as follows:-

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1)that the second Appeal be and hereby is dismissed.

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ii)that there be no cost in this Second Appeal.

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Sd/Assistant Registrar(CS-IX)

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//True Copy//

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Sub Assistant Registrar

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The Sub-Judge, Namakkal.

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The Additional District Munsif, Namakkal.

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Copy To

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The Section Officer, VR Section, High Court, Madras.

DATED: 20/09/2021

DECREE:

S.A.No.22 of 2017

Dismissing the Second Appeal preferred against the Judgment and decree dated 05.06.2015 passed in AS.No.13 of 2009 passed by the learned Sub Judge, Namakkal, confirming the Judgment and decree dated 19.09.2006 made in O.S.No.484 of 2001 passed by the Learned Additional District Munsif, Namakkal etc., as stated therein.

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AJB(CO) GN(03/03/2022)

Duraisamy v. Sengodan (Died) S/O. Veeran

Case brief

What is this about?

What did the court decide?

Duraisamy v. Sengodan (Died) S/O. Veeran

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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