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K.Sappani v. Kalieswaran

Madras HC9 Jun 2025WA(MD)/231/2023

Case brief

AI extract

What is this about?

Writ appeal; Clause 15 Letters Patent; unclean hands; suppression/non-disclosure of pending civil suit in writ petition; disposal of writ petition without notice to third respondent; survey and fixation of boundaries; Tahsildar and Firka Surveyor, Thiruppuvanam, Sivagangai District; injunction suit O.S.No.65 of 2018 / O.S.No.124 of 2019 District Munsif Court Thiruppuvanam; ex parte decree 10.02.2020 set aside 28.06.2022; fair disclosure duty of litigant; Madurai Bench of Madras High Court; order set aside; appeal allowed without costs.

What did the court decide?

Impugned order dated 26.04.2022 in W.P.(MD)No.8050 of 2022 set aside; writ appeal allowed with no costs; connected miscellaneous petitions C.M.P.(MD)Nos.2814 & 2816 of 2023 closed. ¶28

K.Sappani Vs Kalieswaran — Madras HC (2025) — LawSathi Research

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W.A(MD) No.231 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 09.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.A(MD) No.231 of 2023 & C.M.P.(MD)Nos.2814 & 2816 of 2023

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K.Sappani ... Petitioner / 3^rd Respondent

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1.Kalieswaran

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... 1^st Respondent / Writ Petitioner

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2.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

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3.The Firka Surveyor, Taluk Office, Thiruppuvanam, Sivagangai District. ... Respondents 2 & 3 / Respondents 1 & 2

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PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to allow the appeal and set aside the order of the learned Judge of this Court in W.P.(MD)No.8050 of 2022, dated 26.04.2022.

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

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W.A(MD) No.231 of 2023

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For Appellants : Mr.S.Anwar Sameem for Mr.T.Antony Arul Raj

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For Respondent : Mr.SP.Vijay Nivas for R1 : Mr.N.Satheesh Kumar Additional Government Pleader for R2 & R3

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ORDER

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( Order of the Court was made by G.R.SWAMINATHAN, J.)

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Heard both sides.

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This writ appeal is directed against the order dated 26.04.2022 made in W.P.(MD)No.8050 of 2022. The appellant herein was shown as the third respondent in the writ petition. But the writ petition was disposed of without notice to him. By the impugned order dated 26.04.2022, the learned single Judge directed the authority to survey and fix the boundaries for the petition mentioned lands.

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It is seen that the appellant herein had filed an injunction suit against the first respondent and another in O.S.No.65 of 2018 on the file of the District Munsif Court, Manamadurai. It was re-numbered as O.S.No.124 of 2019 on the file of the District Munsif Court,

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2/5

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

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W.A(MD) No.231 of 2023

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Thiruppuvanam. The first respondent had entered appearance and also filed written statement. Subsequently, he remained exparte. An exparte decree came to be passed on 10.02.2020. Set aside petition was ofcourse filed. The decree came to be set aside only on 28.06.2022. In the meanwhile, W.P.(MD)No.8050 of 2022 came to be filed and allowed on 26.04.2022. It is relevant to note that in the writ petition filed by the first respondent herein, pendency of the suit was not at all disclosed. When the writ petitioner had already entered appearance in the suit and filed a written statement, he ought to have made a fair disclosure. We record a finding that the first respondent had come to the writ Court with unclean hands.

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In this view of the matter, the order impugned in this writ appeal is set aside. The writ appeal is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

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(G.R.S., J.) (K.R.S., J.) 09.06.2025

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Index : Yes / No Internet : Yes / No NCC : Yes / No rmi

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3/5

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

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W.A(MD) No.231 of 2023

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