Kumar @ Radhakrishnan vs Ponnuraman
2021 Latest Caselaw 4253 Mad

                                                                       CMP (MD) No.8450 of 2019

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 18.02.2021

                                                      CORAM

                             THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                         CMP(MD) No.8450 of 2019 in
                                       CROS.OBJ(MD)SR.No.63507 of 2019

                      Kumar @ Radhakrishnan                        Petitioner/Cross Objector

                                                         Vs.
                      1.Ponnuraman

                      2.Panchanatha Cholanga Theva Ambalakar. Respondents/Respondents

                      PRAYER in C.M.P(MD).No.8450 of 2019: The Civil Miscellaneous
                      Petition has been filed under Section 151 of Code of Civil Procedure, to
                      condone the delay of 1615 days in filing the above cross objection in
                      SA(MD) No.49 of 2015, on the file of this Court, praying to set aside the
                      judgment dated 28.10.2014 in AS.No.8 of 2011, on the file of the II
                      Additional District & Sessions Court, Thanjavur, insofar as finidngs of
                      the Court of first appeal in para -9 of its judgment for issue No.2 that
                      cross objector was not the legitimate son of the second respondent born
                      through Mahamayee Ammal and the finding as to entitlement of the cross
                      objector for a share in the suit properties which were ancestral properties
                      are concerned.




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                                                                           CMP (MD) No.8450 of 2019

                      PRAYER in CROSS OBJECTION(MD).SR.No.63507 of 2019: The
                      Cross Objection has been filed under Order XLI Rule 22 of Civil
                      Procedure Code, to to set aside the judgment dated 28.10.2014 in AS.No.
                      8 of 2011, on the file of the II Additional District & Sessions Court,
                      Thanjavur, insofar as finidngs of the Court of first appeal in para -9 of its
                      judgment for issue No.2 that cross objector was not the legitimate son of
                      the second respondent born through Mahamayee Ammal and the finding
                      as to entitlement of the cross objector for a share in the suit properties
                      which were ancestral properties are concerned and allow the cross
                      objection.


                                            For Petitioner      : Mr.S.Srinivasa Ragavan
                                            For Respondents : Mr.R.Rajaraman

                                                        ORDER

This petition has been filed seeking condonation of delay in

filing the cross objection, challenging certain findings recorded by the

lower Appellate Court.

2.It is settled law that the findings cannot be challenged, by

way of cross objection or an appeal. It will be open to the parties to show

that the findings of the Court is erroneous, while supporting the decree

of the Court.

http://www.judis.nic.in CMP (MD) No.8450 of 2019

3.Hence, this application is deemed unnecessary and it is

dismissed. The cross objection will stand rejected at the S.R stage itself.

18.02.2021 (2/2) Index : Yes/No Internet: Yes/No vrn

To

1.The II Additional District and Sessions Court, Thanjavur

2.The Additional Sub Court, Thanjavur

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in CMP (MD) No.8450 of 2019

R.SUBRAMANIAN, J.

vrn

Order made in CMP(MD) No.8450 of 2019 in CROS.OBJ(MD)SR.No.63507 of 2019

Dated 18.02.2021

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