Second Appeal filed against a decree ordering handover of possession. The Court dismissed the appeal, confirming the lower courts' decision, and directed the government officer to execute the decree.
The Second Appeal was dismissed; the decree was confirmed; possession to be taken within four weeks.
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
WEDNESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY ONE
PRESENT:-
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
S.A.NO.438 OF 2000
... Appellants/ Appellants/Plaintiffs 2 to 5
..Vs..
HR & CE and Executive Officer,
... Respondent/Respondent/ Defendant
Prayer:-
Appeal against the judgment and decree of the II Additional District Judge, Erode, dated 10.08.1999 in A.S.No.15 of 1995 preferred against the Decree of the Court of the Subordinate Judge, Dharapuram dated 14.09.1994 in Original Suit No.89 of 1994.
DECREE:-
This Second Appeal coming on for hearing on Tuesday, the Twenty Third day of March, 2021 upon perusing the Grounds of Appeal, the Judgment and Decrees of the Lower Appellate Court and the Court of First instance and the material papers in the suit and upon hearing the arguments of Ms.J.Ananda Valli, Advocate for the Appellants 2 to 4, wherein the 1st Appellant having reported reported dead and steps having been taken vide memo dated 17.03.2021 made in SA.No.438 of 2020 requesting its Court to record legal heirs of the deceased 1st Appellant, and this Court while ordering the said memo on 23.03.2021 and recorded the Appellants 2 to 4 are the legal heirs of 1st Appellant, and of Mr.M.Sriram, Advocate for the the Respondent, and this Court having stood over consideration till this date, doth order and decree as follows:-
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
dua
To
Copy To
+2cc to Mr.M.Sriram, Advocate, Sr.No.29154, 29155
Order Dated :- 23.06.2021
DECREE:-
S.A.No.438 of 2000
Dismissing the Second Appeal preferred against the Judgment and Decree of the Court of the II Additional District Judge, Erode dated 10.08.1999 made in A.S.No.15 of 1994 confirming the judgment and decree of the Court of the Subordinate Judge, Dharapuram, dated 14.09.1994 made in O.S.No.89 of 1994 etc., as stated therein.
GPL(CO) CS/20/09/2021
1 issue framed by the court
Whether the Second Appeal against the decree of possession should be allowed or dismissed.
Sreeranga Gounder
Palani Dhandayutha Subramaniaswami Temple
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
