V.Karthi, v. Natarajan
Case brief
What is this about?
In this second appeal concerning property title and alleged encroachment, the Madras High Court dismissed the appeal and confirmed the lower appellate court's order which barred declaration of title and mandatory injunction based on commissioner reports.
What did the court decide?
Second appeal dismissed; Judgment and Decree of A.S.No.5 of 2014 confirmed; No order as to costs.
What the court decided
SA(MD)No.255 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 17.03.2021
CORAM
THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN
SA(MD)No.255 of 2015
1.V.Karthi 2V.Vaishnavi
...Appellants/Respondents/Plaintiffs
Vs.
Natarajan ..Respondent/Appellants/Defendant
PRAYER:- Second Appeal filed under Section 100 of Civil Procedure Code against the Judgment and Decree made in A.S.No.5 of 2014 dated 27.10.2014 on the file of the Principal Sub Court, Tenkasi reversing the judgment and decree of the District Munsif cum Judicial Magistrate Court, Shencottah in O.S.No.74 of 2011 dated 16.12.2013.
For Appellants : Mr.R.Murali for Mr.M.Suresh Kumar For Respondent : Mr.P.Santhana Krishnan
Issues for consideration
3 issues framed by the court
Whether the lower appellate judgment reversing the trial court without reversing findings is sustainable?
Whether the lower appellate judgment excluding certain documentary evidence in its reversal is sustainable?
Whether the plaintiffs are entitled to declaration of title and mandatory injunction given the commissioners' reports?
Parties & counsel
- appellant
V.Karthi
- appellant
V.Vaishnavi
- respondent
Natarajan
Coram
Case details
As recorded by the court registry
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