The Madras High Court dismissed second appeals challenging judgments regarding property title and possession in Tuticorin, holding no substantial question of law and upholding the lower courts' findings on evidence.
Second appeals S.A.(MD)Nos.338 & 339 of 2010 dismissed. No cost.
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.
M.P.(MD)No.1 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)Nos.338 & 339 of 2010
and M.P.(MD)No.1 of 2010
In S.A.(MD)No.338 of 2010
1.A.Jeyalakshmi
2.A.Chelladurai ... Appellants / Appellants / Defendants 1 & 2
-Vs-
1.D.Premkumar ... 1st Respondent / 1st Respondent / Plaintiff
2.Thangammal ... 2nd Respondent / 2nd Respondent / (Notice may be dispensed on 3rd Defendant 2nd Respondent she is exparte in 1st Appellate Court)
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree passed in A.S.No.134 of 2003 on the file of the Additional District Court / Fast Track Court No.1, Thoothukudi, dated 05.10.2009 confirming the judgment and decree in O.S.No.202 of 1996 on the file of the Sub Court, Thoothukudi, dated 07.07.2003.
For Appellants : Mr.S.Meenakshi Sundaram Senior Counsel for Mr.S.Yasar Asarath
For R1 : Mr.M.P.Senthil
In S.A.(MD)No.339 of 2010
A.Jeyalakshmi ... Appellant / Appellant / Plaintiff
-Vs-
D.Premkumar ... Respondent / Respondent / Defendant
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, by setting aside the judgment and decree passed in A.S.No.208 https://hcservices.ecourts.gov.in/hcservices/
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M.P.(MD)No.1 of 2010
of 2003 on the file of the Additional District Court / Fast Track Court No.1, Thoothukudi, dated 05.10.2009 confirming the judgment and decree in O.S.No.80 of 1997 on the file of the Sub Court, Thoothukudi, dated 07.07.2003.
For Appellant : Mr.S.Meenakshi Sundaram Senior Counsel for Mr.S.Yasar Asarath
For Respondent : Mr.M.P.Senthil
COMMON JUDGMENT
The first appellant herein namely A.Jeya Lakshmi filed O.S.No.166 of 1996 on the file of the District Munsif Court, Tuticorin seeking permanent injunction restraining the first respondent herein namely Prem Kumar from interfering with her possession and enjoyment of the suit items 1 & 2. The first respondent herein filed O.S.No.202 of 1996 on the file of the Sub Court, Tuticorin, seeking the relief of declaration and recovery of possession in respect of the suit items 1 to 3. O.S.No.166 of 1996 was transferred to the file of the Sub Court, Tuticorin and renumbered as O.S.No.80 of 1997 and tried along with O.S.No.202 of 1996. Based on the divergent pleadings, in both the suits, issues were framed. Prem Kumar was examined as P.W.1. Three other witnesses were examined on his side. Ex.A1 to Ex.A22 were marked. Kamaraj Son of Jeya Lakshmi was examined as D.W.1. Ex.B1 to Ex.B23 were marked. After considering the evidence on record, by judgment and decree dated 07.07.2003, the trial court dismissed the suit filed by Jeya Lakshmi and decreed the suit filed by Premkumar as prayed for. In the suit filed by D.Prem Kumar, there were three defendants. While the 3rd defendant Thangammal did not challenge the judgment and decree rendered against her, the appellants alone filed A.S.No.134 of 2003 and A.S.No.208 of 2003. Both the appeals were dismissed by the first appellate Court by the impugned judgment and decree dated 05.10.2009. Aggrieved by the same, the second appeals have been filed. S.A.(MD)No.338 of 2010 arises out of O.S.No.202 of 1996, while S.A.(MD)No.339 of 2010 arises out of O.S.No.80 of 1997. Though these appeals were filed in the year 2010, till date, they have not been admitted.
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M.P.(MD)No.1 of 2010
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M.P.(MD)No.1 of 2010
No substantial question of law is involved. These second appeals are dismissed. No cost. Consequently, connected miscellaneous petition is closed.
Assistant Registrar (CS-II)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
rmi
To
1.The Additional District Judge / Fast Track Court No.1, Thoothukudi.
2.The Subordinate Judge, Thoothukudi.
Copy To
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S. YASARARAFATH, Advocate ( SR-19953[F] dated 21/04/2022 )
+2 CC to M/s.M.P.SENTHIL, Advocate ( SR-19997,19996[F] dated 21/04/2022 )
S.A.(MD)Nos.338 & 339 of 2010 20.04.2022
RK(06/06/2022) 4P 8C
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3 issues framed by the court
Whether the High Court should admit the second appeals or dismiss them under Section 100 CPC.
Whether the findings of the first appellate court regarding title and possession were perverse.
Whether substantial questions of law were involved in the appeals.
1 provisions across 1 enactments
A.Jeyalakshmi
A.Chelladurai
D.Premkumar
Thangammal
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
