The High Court of Madras in a brief order dismissed a Second Appeal, confirming the judgment and decree of the Additional City Civil Court which had reversed a lower court order in a civil suit regarding property or succession rights, with no costs awarded to any party.
No costs in this Second Appeal.
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 TUESDAY THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
S.A.No.643 of 2016 and C.M.P.No.11890 of 2016
S.C.Sugumaran ... Appellant/1st Respondent/Plaintiff
Vs.
S.C.Suthanthiran(Deceased)
1.S.Renuka 2.S.Ponselvi ..1 & 2 Respondents/Appellants 1 to 3 3.Vijayalakshmi
4.Anandhan 5.Sangeetha 6.Kalpana 7.Jayanthi ..3 to 7 Respondents/2 to 6 Defendants in A.S/ 2 to 6 Defendants in O.S.
(Respondents 1 and 2 are impleaded as legal heir in the place of the deceased 1st respondent as per the order passed in C.M.P.No.1431/2014 in A.S.No.183/2012)
Prayer: Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree of the Court of the VI Additional City Civil Court Judge, Chennai, dated 13.03.2015 made in A.S.No.183 of 2012 reversing the judgment and Decree of the court of the XI Assistant Judge, City Civil Court, Chennai, dated 20.01.2012 made in O.S.No.1627 of 2010.
Decree : This Second Appeal coming on for hearing on this day, upon perusing the grounds of Appeal, the judgments and Decrees of the Lower Appellate Court and the Court of first instance and the material papers in the case and upon hearing the arguments of Ms. V.Thulasi, Advocate for the Appellant and Mr. S.Sridhar, Advocate for the 2nd Respondent, this Court doth order and decree as follows:
Sd/-
Assistant Registrar(CS-I)
//True copy//
Sub Assistant Registrar
To
Copy To
The Section Officer, VR Section, High Court, Madras-104.
+2cc to Mr.S.Sridhar, Advocate SR.No.48292
+1cc to Mr.N.Palanisamy, Advocate SR.No.48172
DATED : 21/09/2021 DECREE :
S.A.No.643 of 2016 and C.M.P.No.11890 of 2016
Dismissing the Second Appeal preferred against the judgment and decree of the Court of the VI Additional City Civil Court Judge, Chennai, dated 13.03.2015 made in A.S.No.183 of 2012 reversing the judgment and Decree of the court of the XI Assistant Judge, City Civil Court, Chennai, dated 20.01.2012 made in O.S.No.1627 of 2010 etc., as stated therein.
RLD(CO) https://hcservices.ecourts.gov.in/hcservices/ GMY(02/11/2021)
2 issues framed by the court
Whether the judgment and decree of the Additional City Civil Court reversing the lower court's decision warrants allowance in this Second Appeal?
Whether the underlying dispute regarding title or succession rights should be disturbed on this appeal?
S.C.Sugumaran
S.C.Suthanthiran
S.Renuka
S.Ponselvi
Vijayalakshmi
Anandhan
M.GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
