Kandhasamy vs Girija
2021 Latest Caselaw 24945 Mad

                                                                                    CMSA.No.62 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 17.12.2021

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                 CMSA.No.62 of 2021 and
                                                  CMP.No.12296 of 2021

                   Kandhasamy                                                        ... Petitioner

                                                            Vs

                   1.Girija
                   2.Dhanapal                                                      ... Respondents
                   Prayer: This Appeal is filed under Section 100 of the Code of Civil Procedure,

                   against the judgment and decree dated 12.2.2021 passed in C.M.A.No.3 of

                   2018 on the file of Sub Court, Ulundurpet, confirming the fair and decretal

                   Orders dated 26.11.2015 passed in E.A.No.493 of 2013 in E.P.No.167 of

                   2011 in O.S.No.82 of 2011 before the Principal District Munsif Court,

                   Ulundurpet.


                                    For Petitioner     : Mrs.R.Meenal


                                    For Respondents : Mr.D.Ravichander (for R1)

                                                       R2 – Notice Dispense with
                                                             dated 4.8.2021

https://www.mhc.tn.gov.in/judis
                   1
                                                                                       CMSA.No.62 of 2021




                                                                              R.SUBRAMANIAN, J.
                                                      JUDGMENT

The sole question of law that has been raised is as to whether the

provisions of Order 21 Rule 97 of C.P.C. can be invoked by a person, who

claims to be in possession of the property setting up independent title.

2.This question has been answered by the Hon'ble Supreme Court in

Shreenath v. Rajesh reported in AIR 1998 SC 1827 to the effect that such an

application is maintainable.

3.Since no other question of law has been raised, the appeal fails and it

is accordingly dismissed. No costs. Consequently, the connected miscellaneous

petition is closed.

17.12.2021 vs Index: No Speaking order To:

1.The Sub Court, Ulundurpet.

2.The Principal District Munsif Court, Ulundurpet.

3.The Section Officer, VR Section, Madras High Court, Chennai.

CMSA.No.62 of 2021 and CMP.No.12296 of 2021 https://www.mhc.tn.gov.in/judis