The court recorded a joint agreement to resolve property disputes between siblings, allowing appellants four months for vacant possession and dismissing the mesne profits claim as part of a settlement.
Appellants directed to deliver vacant possession within four months; mesne profits claim dismissed; appeals partly allowed and dismissed.
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.Nos.183 & 184 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2023
CORAM
MR.JUSTICE N.SESHASAYEE
S.A.Nos.183 and 184 of 2019 and C.M.P.Nos.3185 and 3188 of 2019
1.S.Vijayakumari 2.R.Sekar ... Appellants in S.A.No.183 of 2019 1.S.Vijayakumari ... Appellant in S.A.No.184 of 2019 Vs. S.Veeramurthy ... Respondent S.A.No.183 of 2019 1.S.Lakshmi (Died) 2.S.Veeramurthy 3.R.Uma 4.V.Mala (R1 died, RR3 & 4 B/R as LRs of the deceased R1 vide Court order dt.09.03.2023 made in C.M.P.No.9789 of 2021 in S.A.No.184 of 2019 (NSSJ) ... Respondent S.A.No.184 of 2019
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S.A.Nos.183 & 184 of 2019
COMMON PRAYER : These Second Appeals are filed under Section 100 of the Civil Procedure Code, seeking to set aside the decree and judgment dated 24.08.2017 rendered in A.S.Nos.410 and 412 of 2014, on the file of the XVIII Additional Judge, City Civil Court, Chennai, confirming the decree and the judgment dated 27.08.2014 rendered in O.S.Nos.9110 and 1423 of 2011, on the file of the I Assistant Judge, City Civil Court, Chennai, by allowing these second appeals.
For Appellants : Ms.G.Sumitra in both S.As For Respondents : Mr.K.R.Ramesh Kumar in oth S.As
COMMON JUDGMENT
The plaintiff has laid a suit for recovery of possession with mesne profits, against his sister. The sister has laid another suit against her brother for bare injunction that a peaceful enjoyment of the property in question should not be disturbed. While the suit for recovery of possession and for mesne profits was decreed, the other suit came to be dismissed concurrently by the
Courts below.
2.Today, both sides make a joint statement that they have resolved the issue
amicably except for one niggling aspect, which would be indicated later.
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S.A.Nos.183 & 184 of 2019
3.The appellants in S.A.No.183 of 2019 which was laid for recovery of possession and mesne profits, undertake to deliver vacant possession in six months time. They have also filed an affidavit to that effect.
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S.A.Nos.183 & 184 of 2019
N.SESHASAYEE, J.
kas
the suit property. The appellants are now directed to deliver vacant possession within a period of four (4) months from today. No costs. Consequently, the connected miscellaneous petitions are closed.
13.04.2023
kas Index : yes / no Internet : yes / no Speaking / Non Speaking order To.
1.The XVIII Additional Judge City Civil Court Chennai 2.The I Assistant Judge City Civil Court Chennai,
S.A.Nos.183 and 184 of 2019 and C.M.P.Nos.3185 and 3188 of 2019
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2 issues framed by the court
Whether to set aside the decree and judgment in suits for recovery of possession and mutual injunction.
Whether to modify the timeline for delivery of vacant possession and forfeiture of mesne profits claim.
S.Vijayakumari
R.Sekar
S.Veeramurthy
S.Lakshmi
R.Uma
V.Mala
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
