R.Kannan v. M.Suresh
Case brief
What is this about?
High Court set aside trial court's interlocutory observation that second respondent had title to A-schedule property. Ordered fresh trial for title determination in main suit.
What did the court decide?
Directed trial court to decide parties' rights after conducting trial; removed trial court's observation on second respondent's title.
What the court decided
CRP(MD)No.1065 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 18.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(MD)No.1065 of 2022 and CMP(MD)No.4303 of 2022
R.Kannan
... Petitioner
Vs
1.M.Suresh
2.Ponnuthai
... Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to allow this Civil Revision Petition by setting aside the fair and decreetal order made in I.A.No.354 of 2020 in O.S.No.109 of 2019 dated 12.04.2022 on the file of the District Munsif Court, Vadipatti.
Issues for consideration
3 issues framed by the court
Whether the trial court should decide the second respondent's title to the A-schedule property in a suit for injunction regarding the B-schedule property.
Whether the second respondent is a necessary party to the suit involving properties affecting each other.
Whether the trial court's interlocutory observation on title过长 and requires removal without conducting a new trial.
Parties & counsel
- petitioner
R.Kannan
- respondent
M.Suresh
- respondent
Ponnuthai
Coram
Case details
As recorded by the court registry
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