Varadan, Vs Govindasamy (Deceased) — Madras HC (2025) — LawSathi Research

Varadan, Vs Govindasamy (Deceased) — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

S.A.No.401/2011 stands partly allowed: first appellate judgment and decree in A.S.No.98 of 2008 set aside and modified; alternate relief of refund of Rs.4,64,000/- with 9% per annum interest from the date of the suit decreed in favour of the appellants; deposit of Rs.12,18,998/- to the credit of A.S.No.98 of 2008 recorded and no further orders required. S.A.No.402/2011 stands allowed: first appellate judgment and decree set aside and matter remanded to the first appellate court to recall defendant-side witnesses on additional evidence Ex.B1 to B17, permit plaintiff's cross-examination limited to that evidence, hear arguments afresh and decide within two months; the lower court having disposed of A.S.No.99 of 2008 on 15.09.2025, no further orders required.

Issue for consideration

In S.A.No.402/2011, whether the first appellate court's decision in A.S.No.99 of 2008 could stand when the plaintiff had not been given an opportunity to cross-examine the defendant-side witnesses connected with the additional evidence (Ex.B1 to B17).

Court's answer

In S.A.No.402/2011, the second appeal is allowed, the judgment and decree of the First Appellate Court are set aside, and the matter is remanded to the first appellate court (order dated 06.01.2025 of this Court, reproduced herein).

Ratio / Principle

In S.A.No.401/2011, the second appeal is partly allowed and the judgment and decree of the Principal District Judge, Thiruvallur, made in A.S.No.98 of 2008 dated 31.01.2011, is set aside and modified (order dated 06.01.2025 of this Court, reproduced herein).

Key takeaways

The suit in S.A.No.401/2011 is decreed in respect of the alternate relief of refund of Rs.4,64,000/~ to the appellants, with interest at 9% from the date of the suit till realisation.ratio¶79
The refunded amount with interest is directed to be deposited by the respondents to the credit of A.S.No.98 of 2008 before the Principal District Judge, Thiruvallur, within one month of receipt of the order.ratio¶79

Detailed headnote1 paragraphs

Common final order of the High Court of Judicature at Madras (Dr. Justice R.N. Manjula, 16-09-2025) closing out two second appeals under section 100 of CPC arising from parallel suits decreed by the Subordinate Judge, Poonamallee (OS.NO.4 and OS.NO.5 of 2007, judgments dated 29.08.2008) and reversed by the Principal District Judge, Thiruvallur (A.S.No.98 and A.S.No.99 of 2008, judgement and decree dated 31.01.2011). In S.A.No.401/2011 (Varadan and others v. G.Mani (died) and others), this Court's order of 06.01.2025 partly allowed the appeal, set aside and modified the first appellate judgment and decree, and decreed the alternate relief of refund of Rs.4,64,000/~ to the appellants with interest at 9% per annum from the date of the suit till realisation, payable to the credit of A.S.No.98 of 2008 within one month. Recording the Principal District and Sessions Judge's letter dated 06.03.2025 that the respondents deposited Rs.12,18,998/- (refund plus interest) to that credit, the Court held that no further orders were required and S.A.No.401/2011 stands partly allowed. In S.A.No.402/2011 (Varadan v. the same respondents), the order of 06.01.2025 allowed the appeal, set aside the judgment and decree of the First Appellate Court, and remanded the matter to the first appellate court with directions to recall the defendant-side witnesses connected with the additional evidence Ex.B1 to B17, allow the plaintiff to cross-examine them only on that additional evidence, hear further arguments and dispose of the first appeal within two months. Upon counsel's submission that A.S.No.99 of 2008 had been disposed of on 15.09.2025, S.A.No.402/2011 stands allowed with no further orders required.

SA No. 401 of 2011

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-09-2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA

SA No. 401 of 2011 AND

SA NO. 402 OF 2011

1. Varadan,

S/o.Elumalai Pillai, No.1/92b Main Road, Meppur Village, Nazarathpettai Post, Poonamallee Tk., Thiruvallur Dt.

2.Tmt.Muniammal,

W/o.Rangan,

3. Praveen,

Rep. By Mother And Natural Guardian The 2nd Appellant, No.12, Gopal Naidu St., Avadi Town And Post, Ch-54.

4.Prasanth,

Rep. By Mother And Natural Guardian The 2nd Appellant, No.12, Gopal Naidu St., Avadi Town And Post, Ch-54.

5. Pramila

Rep. By Mother And Natural Guardian The 2nd Appellant, No.12, Gopal Naidu St., Avadi Town And Post, Ch-54.

[Minor appellants 3 and 4 decalred as Major and the 2nd appellant discharged from her guardianship vide order of Court dated 18.07.2012 made in MP.Nos.1 to 4/2012 in S.A.No.401/2011.

https://www.mhc.tn.gov.in/judis

SA No. 401 of 2011

Name of the minor 5th appellant amended and declared as major and the 2nd appellant discharged from her guardianship vide order of Court dated 23.07.2012 made in MP.Nos.5 to 7/2012 in S.A.No.401/2011.]

Appellant(s)

Vs

Govindasamy (deceased) 1.G.Mani(died), No.1/79, Pillayar Koil St., Ullavoor Village, Kancheepuram Tk.

2.G.Krishnamurthy,

No.1/79, Pillayar Koil St., Ullavoor Village, Kancheepuram Tk.

3.G.Venkatesan,

No.1/79, Pillayar Koil St., Ullavoor Village, Kancheepuram Tk.

4.G.Anbzhagi,

No.1/79, Pillayar Koil St., Ullavoor Village, Kancheepuram Tk.

5.G.Shanthi,

No.2/59, Vembuliamman Koil St., Vandaloor Village, Ch-48.

6.G.Vijaya,

No.5, Nehru St., Pammal Village And Post, Ch-75.

7.M.Saravana

S/o. Late.G.Mani Varadan St, Nazarathpettai, Agaramal, Thiruvallur Dt. 600 123

https://www.mhc.tn.gov.in/judis

SA No. 401 of 2011

8.M.Bharath

S/o. Late.G.Mani Varadan St, Nazarathpettai, Agaramal, Thiruvallur Dt. 600 123

9.P.Somya W/o. Praveen Kumar Varadan St, Nazarathpettai, Agaramal, Thiruvallur Dt. 600 123

[R1 DIED, RR7 TO 9 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED R1 VIDE COURT ORDER DATED 08/03/2024 MADE IN CMP NO 4307 OF 2024 IN SA NO 401 OF 2011]

Respondent(s)

SA No. 402 of 2011

Varadan, S/o.Elumalai Pillai, No.1/92b Main Road, Meppur Village, Nazarathpettai Post, Poonamallee Tk., Thiruvallur Dt.

Appellant(s)

Vs

Govindasamy (deceased) 1.G.Mani(died), No.1/79, Pillayar Koil St., Ullavoor Village, Kancheepuram Tk.

2.G.Krishnamurthy,

No.1/79, Pillayar Koil St., Ullavoor Village, Kancheepuram Tk.

3.G.Venkatesan,

No.1/79, Pillayar Koil St., Ullavoor Village, Kancheepuram Tk.

https://www.mhc.tn.gov.in/judis

SA No. 401 of 2011

4.G.Anbzhagi,

No.1/79, Pillayar Koil St., Ullavoor Village, Kancheepuram Tk.

5.G.Shanthi,

No.2/59, Vembuliamman Koil St., Vandaloor Village, Ch-48.

6.G.Vijaya,

No.5, Nehru St., Pammal Village And Post, Ch-75.

7.M.Saravana S/o. Late.G.Mani Varadan St, Nazarathpettai, Agaramal, Thiruvallur Dt. 600 123

8.M.Bharath

S/o. Late.G.Mani Varadan St, Nazarathpettai, Agaramal, Thiruvallur Dt. 600 123

9.P.Somya

W/o. Praveen Kumar Varadan St, Nazarathpettai, Agaramal, Thiruvallur Dt. 600 123

[R1 DIED, RR7 TO 9 ARE BROUGHT ON RECORD AS LRS OF THE DECEASED R1 VIDE COURT ORDER DATED 08/03/2024 MADE IN CMP NO 4303 OF 2024 IN SA NO 402 OF 2011]

Respondent(s)

SA No. 401 of 2011

PRAYER This second appeal is filed under section 100 of CPC, against the judgement and decree dated 31.01.2011 passed in A.S.No.98 of 2008 on the file of the Principal District Judge, Thiruvallur reversing the judgment and decree

https://www.mhc.tn.gov.in/judis

SA No. 401 of 2011

dated 29.08.2008 passed in OS.NO.4 of 2007 on the file of the Subordinate Judge, Poonamallee.

SA No. 402 of 2011

PRAYER This second appeal is filed under section 100 of CPC, against the judgement and decree dated 31.01.2011 passed in A.S.No.99 of 2008 on the file of the Principal District Judge, Thiruvallur reversing the judgment and decree dated 29.08.2008 passed in OS.NO.5 of 2007 on the file of the Subordinate Judge, Poonamallee.

In both appeals

For Appellant(s): M/s.R.Bharath Kumar For Respondent(s): M/s.R.Vijayaraghavan For RR2 To 6 M/s.P.Radhika For RR7 To 9 R1-died

COMMON ORDER

On 06.01.2025, in S.A.No.401/2011, this Court passed the following order:

“19. In view of the above stated reasons, this Second Appeal is partly allowed and the judgment and decree of the Principal District Judge, Thiruvallur, made in A.S.No.98 of 2008 dated 31.01.2011 is set aside and modified by granting the alternate relief of refund of Rs.4,64,000/~ to the appellants by the respondents along with interest at the rate of 9% from the date of the suit till the date of realization and the suit is decreed in respect of the alternate relief of refund. The said amount along with interest shall be deposited by the respondents to the credit of A.S.No.98 of 2008, before the Principal District Judge, Thiruvallur, within a period of one month from the date of receipt of a copy of this order. ”

https://www.mhc.tn.gov.in/judis

SA No. 401 of 2011

In pursuance of the above, the learned Principal District and Sessions

Judge, Tiruvallur, has submitted a letter dated 06.03.2025 to the Registry of this

Court, stating that the respondents in S.A. No. 401 of 2011 have deposited a sum of Rs. 12,18,998/- towards refund of Rs. 4,64,000/-, together with interest at 9% per annum from the date of the suit, which has been received and is now lying to the credit of A.S. No. 98 of 2008. In view of the same, no further orders

are required and S.A. No. 401 of 2011 stands partly allowed.

3. On 06.01.2025, in S.A.No.402/2011, this Court passed the following

order:

“13. In view of the above stated reasons, this Second Appeal is allowed and the judgment and decree of the First Appellate Court are set aside. And, the matter is remanded to the file of the first appellate Court and the first appellate court is directed to recall the defendantsside witnesses or any other witnesses, who are related to the additional evidence received by the Court through Ex.B1 to B17 and grant an opportunity to the plaintiff to cross~examine those witnesses only on the aspect of additional evidence (Ex.B1 to B17) and hear further arguments of both sides and then, appreciate the matter and pass an order afresh and dispose the first appeal within two months from the date of receipt of a copy of this judgment. No costs.”

4. The learned Principal District and Sessions Judge, Tiruvallur, vide

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SA No. 401 of 2011

letter dated 04.07.2025, sought further time to dispose of the suit in A.S. No. 99

of 2008. However, when the matter was taken up for hearing, the learned counsel for the respondent submitted that the suit in A.S. No. 99 of 2008 had already been disposed of on 15.09.2025.

5 . In view of the submission made by the learned counsel for the

respondent, the second appeal in S.A. No. 402 of 2011 stands allowed and no

further orders are required in this appeal.

16-09-2025

jrs

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

https://www.mhc.tn.gov.in/judis

SA No. 401 of 2011

https://www.mhc.tn.gov.in/judis

SA No. 401 of 2011

R.N.MANJULA J.

SA No. 401 of 2011 AND SA NO. 402 OF 2011

16-09-2025

https://www.mhc.tn.gov.in/judis