Second appeal by the fourth defendant claiming property rights through a 2003 settlement deed despite the property having been sold in a 1972 court court auction. The court found no right in the appellant and dismissed the appeal.
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S.A. No.525 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
S.A. No.525 of 2024 and
C.M.P.No. 16897 of 2024
G.Manikandan
... Appellant
Vs.
.. Respondents
PRAYER : Second Appeal filed under Section 100 of Code of Civil Procedure, to set aside the judgment and decree dated 24.11.2021 in A.S.No. 23 of 2018 on the file of the Sub-Judge, Tittagudi, Cuddalore
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District confirming the judgment and decree dated 29.06.2012 made in O.S.No.102 of 2012 on the file of Addl. District Munsif Court, Tittagudi.
For Appellant : Mr.R.Veermani For Respondents : Dr.S.Surya, Addl. Govt. Pleader for R3 to R5
JUDGMENT
The appellant herein is the 4th defendant in the suit preferred this Second Appeal challenging the findings of the courts below in the Appeal Suit in A.S.No. 23 of 2018 on the file of Sub-Judge, Tittagudi, Cuddalore District confirming the judgment and decree passed in O.S.No.102 of 2012 on the file of the Addl. District Munsif Court, Tittagudi, Cuddalore Dt.
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subsequently and he claimed right over the property through the settlement deed, which was said to be executed by his grandmother Thangammal on 22.01.2003. But the fact reveals that the property was already auctioned in the year of 1972. So, on considering the said fact, this Court also finds that the 4th defendant has no right over the property. Hence, I do not find any merit in this Second Appeal and also finds that there is no question of law arise for consideration. Accordingly, this Second Appeal stands dismissed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
08.08.2024
Index : Yes / No Internet : Yes / No Speaking/Non-speaking order rpp To
The Sub-Judge, Thittakudi.
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T.V.THAMILSELVI, J.
rpp
S.A. No.525 of 2024
08.08.2024
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1 issue framed by the court
Does the appellant (4th defendant), who purchased the property after a 1972 court auction and claimed rights via a 2003 settlement deed, have any right over the property?
1 provisions across 1 enactments
G.Manikandan
P.Periyasamy
P.Chinnadurai
The District Collector, Cuddalore
The Revenue Divisional Officer, Virudhachalam, Cuddalore Dt.
The Tahsildar, Tittagudi Taluk, Cuddalore Dt.
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
