Second Appeal dismissing orders in civil matters involving property disputes. The High Court of Judicature at Madras confirmed lower court decrees without a substantive discussion, noting one respondent's death and a stay on costs.
Judgments and Decrees of the courts below confirmed. Second Appeal dismissed. No order as to costs.
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 MARCH TWO THOUSAND AND TWENTY TWO
PRESENT:
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
S.A.Nos.412 of 2014
Moorthi
...Appellant/Appellant/Plaintiff
Vs
PRAYER: Second Appeal filed under Section 100 of C.P.C., to set aside the Judgment and Decree dated 03.02.2011 in A.S.No.15 of 2010 on the file of the Subordinate Judge, Krishnagiri and confirming the Judgment and Decree dated 31.08.2009 in O.S.No.132 of 2004 on the file of the District Munsif, Dharmapuri.
Decree: This Second Appeal coming on for hearing on this day, 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 Mr.G.Mohammed Aseef, Advocate for the Appellant, and of Mr.P.Valliappan, Advocate for P.V.Law Associates, for the first respondent, the second respondent having reported dead and steps not having been taken to bring the LRs of the deceased 2nd respondent in accordance to Law and this court doth order and decree as follows:-
Sd/-
Assistant Registrar
// True Copy //
Sub Assistant Registrar
Lpp
To
1.The Subordinate Judge, Krishnagiri.
Copy To:
+1cc to Mr.P.Valliappan, Advocate Sr.No.19796
DATED:23/03/2022
DECREE:
S.A.Nos. 412 of 2014
Dismissing the Second Appeal preferred against the Judgment and Decree dated 03.02.2011 in A.S.No.15 of 2010 on the file of the Subordinate Judge, Krishnagiri and confirming the Judgment and Decree dated 31.08.2009 made in O.S.No.132 of 2004 on the file of the District Munsif, Dharmapuri, etc., as stated therein.
NR(CO) RN(18/04/2022)
2 issues framed by the court
Whether to allow the Second Appeal preferred under Section 100 of C.P.C. against the judgments and decrees below.
Whether the Second Appeal should be confirmed or dismissed.
Moorthi
Nirmala
Annadurai
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
