Saraswathy v. Ponnuthai
Case brief
What is this about?
Second Appeal touching partition dispute and mortgage liability dismissed as mortgage recovery suit pending renders no further decision necessary. Second Appeal dismissed without costs; connected miscellaneous petition closed.
What did the court decide?
Second Appeal dismissed. No costs. Connected M.P. closed.
What the court decided
S.A(MD).No.598 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2022 CORAM:
THE HONOURABLE MR. JUSTICE N.SESHASAYEE S.A(MD).No.598 of 2010 and M.P(MD).No.2 of 2010
Saraswathy
... Appellant/Appellant/Defendant Vs.
1.Ponnuthai
2.Irulayee
3.Amaravathy
... Respondents/Respondents/Plaintiffs
Prayer : Second Appeal is filed under Section 100 of Code of Civil Procedure, to pass a decree and judgment in favour of the appellant by setting aside the decree and judgment dated 17.08.2009 made in A.S.No.16 of 2008 on the file of the learned Principal District Judge, Virudhunagar at Srivilliputhur, confirming the decree and judgment dated 02.01.2008 made in O.S.No.24 of 2004 on the file of the learned Subordinate Judge, Aruppukkottai and dismiss the suit with costs throughout.
For Appellant : Mr.S.Parthasarathy For R1 to R3 : Mr.S.Natarajan
Issues for consideration
3 issues framed by the court
Whether courts below should have decided liabilities for mortgage debt on suit properties.
Whether adverse inference should be drawn against plaintiffs for non-appearance.
Whether deceased estate includes liabilities for mortgage debt.
Parties & counsel
- appellant
Saraswathy
- respondent
Ponnuthai
- respondent
Irulayee
- respondent
Amaravathy
Coram
Case details
As recorded by the court registry
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