The Madurai Bench of the Madras High Court dismissed the second appeal in a partition suit. The court held that since the second appeal was already dismissed against the 11th respondent (a sharer), the decree attained finality in his respect, making the subsequent appeal against other sharers non-maintainable.
No order as to costs.
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.206 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A(MD)No.206 of 2005
Arumugam
...Appellant
-Vs-
... Respondents
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PRAYER
S.A(MD)No.206 of 2005
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree in A.S.No.17 of 2003, dated 28.07.2004, on the file of the Subordinate Court, Paramakudi, confirming the judgment and decree in O.S.No.81 of 2001 dated 28.02.2003 on the file of the District Munsif Court, Paramakudi.
For Appellant : Mr.K.R.Laxman For R4 to R9 : Mr.G.Sridharan
JUDGMENT
It is seen from the records that the second appeal was dismissed as against 11th respondent as early as 02.03.2022. This second appeal is arising out of a suit for partition. In view of the dismissal of the second appeal as against 11th respondent, who is admittedly a sharer, the appellant cannot proceed with the second appeal against other sharers as the decree passed by the Courts below attained finality in respect of one of the sharer. Hence, this Second Appeal is dismissed. However, there shall be no order as to costs.
05.01.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No cp
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S.A(MD)No.206 of 2005
To
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S.A(MD)No.206 of 2005
S.SOUNTHAR, J.
CP
S.A(MD)No.206 of 2005
05.01.2023
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3 issues framed by the court
Whether the second appellant can proceed with the appeal against other sharers when the second appeal was already dismissed against one of the sharers.
Whether the decree obtained finality due to the dismissal of the second appeal as against one of the respondents.
Whether the second appeal filed against multiple sharers is maintainable after finality in respect of one of the sharers.
Arumugam
Vengusamy
Balu
Muthu
Alagar
Pandi
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
