Viyagulamuthu v. Thanudhas
Case brief
What is this about?
This court allowed a second appeal against a civil decree declaring title. The judgment set aside previous decrees as the government respondent had production records only after hearing, directing a fresh trial.
What did the court decide?
Trial Court and Appellate Court judgments set aside; case remanded for de novo trial; parties directed to appear on 04.01.2025.
What the court decided
S.A.(MD).No.133 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
S.A.(MD).No.133 of 2012 and M.P.(MD)No.2 of 2012
Viyagulamuthu
... Appellant
/Vs./
1.Thanudhas
- 2.State of Tamil Nadu, Represented by the District Collector, Kanyakumari District at Nagercoil.
...Respondents
PRAYER : Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 25.07.2011, made in A.S.No.118 of 2010 on the file of the Sub Court, Padmanabhapuram, confirming the Judgment and Decree, dated 25.08.2010, made in O.S.No.1 of 2005 on the file of the Additional
Issues for consideration
3 issues framed by the court
Whether the trial and appellate courts erred in deciding the rival claims without any documentary evidence produced by the government respondents.
Whether the case requires remand to the trial court for a de novo trial after the government has produced the required records.
Whether to set aside the previous judgment and decree of the trial and appellate courts civil decree.
Parties & counsel
- appellant
Viyagulamuthu
- respondent
1.Thanudhas
- respondent
State of Tamil Nadu
Coram
Case details
As recorded by the court registry
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