Kokilam v. Rajendran (Died)
Case brief
What is this about?
Appeal against dismissal of suit for injunction regarding boundary dispute. Court held that final survey stones fix ownership; Commissioner report irrelevant. Appeal dismissed.
What did the court decide?
Second appeal filed by plaintiff dismissed; no decree of injunction granted to appellant.
What the court decided
S.A.(MD) No.152 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.06.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
S.A.(MD) No.152 of 2011
Kokilam ... Appellant/Appellant/Plaintiff
-vs-
Rajendran (Died) ... 1st Respondent/Respondent/ Defendant
[Sole respondent died. Memo recorded vide order dated 20.06.2011 made in S.A.(MD) No.152 of 2011]
2.Mohanambal 3.Ramesh 4.Sumathi 5.Rama 6.Balaji ... Respondents 2 to 6/ LRs of the deceased R1
[Respondents 2 to 6 – brought on record as LRs of the deceased sole respondent, vide order dated 04.12.2013 in M.P.(MD) Nos.2 and 3 of 2011 in S.A.(MD) No.152 of 2011]
Issues for consideration
2 issues framed by the court
Whether the High Court can interfere with the factual finding of the courts below regarding the boundary dispute between two properties.
Whether the Commissioner's report is relevant in light of the finality of survey proceedings under the Tamil Nadu Survey and Boundaries Act.
Parties & counsel
- appellant
Kokilam
- respondent
Mohanambal
- respondent
Ramesh
- respondent
Sumathi
- respondent
Rama
- respondent
Case details
As recorded by the court registry
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