Nainar (Died) v. Sekar
Case brief
What is this about?
Second appeal by the plaintiff challenging the first appellate court's limited decree for declaration of title and injunction in a suit for recovery of property. The High Court found no substantial question of law arising and dismissed the appeal.
What did the court decide?
Second appeal dismissed; declaration of title and injunction limited to S.No.366/4 as per first appellate decree.
What the court decided
S.A.(MD)No.693 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
S.A.(MD)No.693 of 2005
1.Nainar (Died) 2.Petchiammal 3.Udayakumar 4.Logammal 5.Rathi 6.Kannan 7.Devika ...Appellants -VsSekar ... Respondents
(Appellants 2 to 7 were brought on record as legal representatives of the deceased first appellant vide order of this Court, dated 25.04.2016.)
PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed in A.S.No.76 of 2004, dated 25.02.2005 on the file of the Principal Subordinate Court, Tenkasi confirming the judgment and decree in O.S.No.237 of 2001, dated 16.02.2004 on the file of the Additional District Munsif Court, Tenkasi.
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Issues for consideration
3 issues framed by the court
Whether the second appeal succeeds in setting aside the first appellate court's decree granting title over a lesser extent?
Whether the trial court and first appellate court erred in dismissing the suit for declaration of title and injunction?
What is the outcome of the second appeal filed by the plaintiff regarding the suit property?
Parties & counsel
- appellant
Nainar (Died) and others
- respondent
Sekar
Coram
S.Sounthar
Case details
As recorded by the court registry
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