Madras High Court
Balamurugan vs Visalatchi @ Viji on 16 February, 2021
S.A. No.709 of 2017, dt.16.02.2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2021
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
Second Appeal No.709 of 2017
Balamurugan
Rep. By his General Power Agent,
M.Ganapathi ... Appellant
Versus
Visalatchi @ Viji ... Respondent
The Second Appeal is filed under Section 100 of Civil Procedure
Code, to set aside the Judgment and Decree dated 08.06.2016 passed in
A.S.No.2 of 2014, by the Principal District Judge, Thiruvarur, confirming
the Judgment and Decree, dated 25.01.2012 passed in O.S.No.34 of 2011
by the Subordinate Judge, Mannargudi.
For Appellant : Ms.M.Meenatchi
For Respondent : Mr.S.Arivazhagan
JUDGMENT
The second appeal has been filed challenging the Judgment and
Decree dated 08.06.2016 passed in A.S.No.2 of 2014, by the Principal
District Judge, Thiruvarur, confirming the Judgment and Decree, dated
25.01.2012 passed in O.S.No.34 of 2011 by the Subordinate Judge,
Mannargudi.
https://www.mhc.tn.gov.in/judis/
S.A. No.709 of 2017, dt.16.02.2021
2.Heard the learned counsel for the Appellant and the learned
counsel appearing for the Respondent and perused the materials available
on record.
2.The learned counsel for the Respondent submitted that there
were two suits filed before the Court below viz., O.S.No.34 of 2011 and
O.S.No.35 of 2011 and both the suits were dismissed. Against the order of
dismissal dated 08.06.2016 in O.S.No.35 of 2011 in A.S.No.15 of 2012.
As against the dismissal of A.S. No. 15 of 2012, Second Appeal No. 771 of
2017 was filed before this Court and the same was also dismissed by this
Court on 07.12.2017.
3.This Second Appeal in S.A.No.709 of 2017 was also filed before
this Court by the appellant challenging the order of dismissal dated
08.06.2016 passed in O.S.No.34 of 2011 confirmed in A.S.No.2 of 2014.
Therefore, the learned counsel stated that the appellant filed two appeals by
challenging the concurrent Judgment passed in two suits.
4.Further, he submitted that the Second appeal in S.A.No.771 of
2017 was dismissed on the ground that the Power Agent alone was
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S.A. No.709 of 2017, dt.16.02.2021
examined and the Owner of the property was not examined. Therefore, both
the Courts below have concurrently dismissed the suits on the above said
ground. Based on the concurrent findings, this Court dismissed the appeal
in S.A.No.771 of 2017 and the present Second Appeal is also covered by
the Judgments of this Court. Hence, it is liable to be dismissed.
5.In both the Second Appeal, the purchaser is the same and the
vendors are husband and wife. In the present appeal, upon perusing the
judgment in both the suits, it is seen that the Courts below dismissed the
suit, on the ground that Power Agent alone was examined and the Owner of
the property was not examined. Since this Court has taken a similar view
and confirmed the order of dismissal of the suit in S.A.No.771 of 2017 on
the same reasons that the Power Agent only had examined and the Original
Owner was not examined this Court cannot take a contra view in this
appeal. Further, this Court has already taken a such view and dismissed the
Second Appeal No.771 of 2017 by assigning the same finding. Therefore, I
do not find any merits in the present Second Appeal, hence, it deserves for
dismissal.
https://www.mhc.tn.gov.in/judis/
S.A. No.709 of 2017, dt.16.02.2021
6.Accordingly, the Second Appeal is dismissed by confirming the
Judgment and Decree dated 08.06.2016 passed in A.S.No.2 of 2014, by the
Principal District Judge, Thiruvarur, confirming the Judgment and Decree,
dated 25.01.2012 passed in O.S.No.34 of 2011 by the Subordinate Judge,
Mannargudi. No costs.
16.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order / Non Speaking Order
klt
To
1. The Principal District Judge, Thiruvarur,
2. The Subordinate Judge, Mannargudi.
3. The Section Officer, VR Section, High Court, Madras.
https://www.mhc.tn.gov.in/judis/
S.A. No.709 of 2017, dt.16.02.2021
KRISHNAN RAMASAMY.J.,
klt
S.A.No.709 of 2017
16.02.2021
https://www.mhc.tn.gov.in/judis/
