Second Appeal challenging a judgment regarding property title, where the lower suit suffered a formal defect regarding the non-inclusion of the Government. The court permitted withdrawal of the suit, vacated adverse findings, and disposed of the appeal.
Withdrawal of suit permitted; adverse findings vacated; Second Appeal disposed of.
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.
S.A.(MD) No.105 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2022 CORAM:
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD) No.105 of 2010 and M.P.(MD) No.1 of 2010
E.Kathiresan .. Appellant/Appellant/ Plaintiff
-vs-
1.S.Thamilarasan 2.Naganathan (Died) 3.S.Annathurai
4.M.Naganathan 5.Panchayat Union President, Anjamadai, Kachaan Panchayath, Through its President.
.. Respondents/Respondents/
Defendants
6.Mari 7.Maruthupandi 8.Latha
.. Respondents
[RR6 to 8 are suo motu impleaded as LRs of the deceased 2nd respondent vide Court order dated 03.03.2022 made in S.A.(MD) No.105 of 2010]
Prayer :- Second Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree in A.S.No.18 of 2008 dated 28.07.2009 on the file of the Sub Court, Paramakudi, confirming the judgment and decree in O.S.No.62 of 2006 dated 29.01.2008 on the file of the District Munsif Court, Paramakudi.
For Appellant : Mr.A.Sivaji For R5 : Mr.R.Ragavendran RR1 & 6 to 8 : Service awaited Respondent-2 : Died For RR3 & 4 : No appearance
JUDGMENT
The plaintiff in the suit is the appellant in this Second Appeal. The plaintiff sought declaration and permanent injunction in respect of the suit property which according to him is his private patta property. The stand of the defendants was that it is a public pathway. The Courts below have concurrently held against the plaintiff. The Courts below went more by the proceedings dated 18.11.1994 issued by the Assistant Collector, Paramakudi and the survey sketch (Ex.B1). https://hcservices.ecourts.gov.in/hcservices/
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S.A.(MD) No.105 of 2010
Assistant Registrar (CS-III)
abr
Note:-
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.
To
1.The Subordinate Judge, Paramakudi. 2.The District Munsif, Paramakudi.
Copy to:
The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.A. SIVAJI, Advocate ( SR-17719[F] dated 11/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18379[F] dated 12/04/2022 )
S.A.(MD) No.105 of 2010 08.04.2022
RK(03/06/2022) 2P 7C
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2 issues framed by the court
Whether a second appeal can be maintained and disposed of given a formal defect in the lower suit against the Government.
Whether the court should vacate adverse findings to permit the withdrawal of a defective suit.
E. Kathiresan
Panchayat Union President, Anjamadai
S. Thamilarasan
Mari
Maruthupandi
Latha
G.R. Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
