Shanmuga Padayachi(Died) v. Chidambaram
Case brief
What is this about?
Second Appeal, Section 100 CPC, High Court of Judicature at Madras, S.A.No.1215 of 2009, M.P.No.1 of 2009, C.V. Karthikeyan, dismissed 24.07.2025, no point of law, declaration of title refused, claim of possession, auction purchase 09.11.1988, Sivamoorthy Mudhaliyar, Samikannu Mudaliyar, decree O.S.No.679 of 1973 District Munsif Ariyalur, suit O.S.No.333 of 1996, A.S.No.16 of 2002 Subordinate Judge Ariyalur, E.A.No.66/1989 dismissed for default, CMA No.4/1992 Sub Court Trichy, survey 176/2 Ponparappi Kudikaadu Village Sendhurai Ariyalur 1.27 acres, surplus auction amount, balance deposited in Court, residual amount credit of suit, legal representatives Shanmuga Padayachi, liberty to approach trial Court, no costs, connected miscellaneous petition closed, counsel Mrs. M. Abbiraami for Mr. J. Ramakrishnan (appellants), Mr. R. Jayaprakash for R1.
What did the court decide?
No affirmative relief; Second Appeal dismissed with directions — appellants left free to approach the trial Court in O.S.No.679 of 1973 (District Munsif, Ariyalur) regarding any auction surplus/residual amount, which the District Munsif may consider on application; no costs awarded; connected miscellaneous petition (M.P.No.1 of 2009) closed.