Madras High Court
Sudalaikannu vs P.S.B.K.Peer Mohamadhu (Died) on 5 April, 2022
1 S.A.(MD)No.5 OF 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)Nos.5 & 6 of 2010
S.A.(MD)No.5 of 2010
Maalai Thevar (Died)
1. Sudalaikannu
2. Muthu ... Appellants / Appellants 2 and 3/
Defendants 2 and 3
Vs.
P.S.B.K.Peer Mohamadhu (Died)
... Respondent / Respondent /
Plaintiff
2. Jaffer Mohameed Kaseem Peer
3. Syed Nisha Beema
(R-2 & R-3 were suo motu impleaded as LRs. of the
deceased sole respondent vide order dated 17.02.2022
made in S.A.(MD)No.5 of 2010)
... Respondents 2 and 3
Prayer: Second appeal filed under Section 100 of
C.P.C., to set aside the Judgment and Decree passed in
A.S.No.31 of 2008 on the file of the Principal Sub Court,
Tirunelveli, dated 10.07.2009 confirming the Judgment and
Decree in O.S.No.853 of 2004 on the file of the Principal
District Munsif Court, Tirunelveli, dated 04.04.2008.
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2 S.A.(MD)No.5 OF 2010
S.A.(MD)No.6 of 2010
Maalai Thevar (Died)
1. Sudalaikannu
2. Muthu ... Appellants / Appellants 2 and 3/
Defendants 2 and 3
Vs.
Mohamedhu Abdul Kaaja ... Respondent / Respondent /
Plaintiff
Prayer: Second appeal filed under Section 100 of
C.P.C., to set aside the Judgment and Decree passed in
A.S.No.33 of 2008 on the file of the Principal Sub Court,
Tirunelveli, dated 10.07.2009 confirming the Judgment and
Decree in O.S.No.853 of 2004 on the file of the Principal
District Munsif Court, Tirunelveli, dated 04.04.2008.
(in both S.As.)
For Appellants : Mr.R.T.Arivukumar,
for Mr.S.Yasar Arafath.
For Respondents : Mr.M.P.Senthil
***
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3 S.A.(MD)No.5 OF 2010
COMMON JUDGMENT
These two second appeals arise out of O.S.No.851 of
2004 and O.S.No.853 of 2004 on the file of the Principal
District Munsif, Tirunelveli.
2. While the plaintiffs in the suits are different, the
defendants in both the suits are one and the same. The suits
were filed for redemption of mortgage and for recovery of
possession. The suit were valued and Court fees were paid
under Sections 30, 33 and 44 of the Tamil Nadu Court-Fees
And Suits Valuation Act.
3. The plaintiffs examined themselves as witnesses
and mortgage deeds were also marked. The Courts below have
concurrently found that the plaintiffs have title over the suit
property and held that the plaintiffs are entitled not only to
redeem the suit mortgages but also to obtain recovery of
possession. Against the concurrent findings rendered by the
Courts below, these second appeals have been filed.
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4 S.A.(MD)No.5 OF 2010
4. Though they have been filed way back in the year
2009, they have not been admitted till date. I do not find any
substantial question of law arising for consideration. These
second appeals are dismissed. No costs.
05.04.2022
Index : Yes / No
Internet : Yes/ No
PMU
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To:
1. The Principal Sub Judge,
Tirunelveli.
2. The Principal District Munsif,
Tirunelveli.
3. The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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5 S.A.(MD)No.5 OF 2010
G.R.SWAMINATHAN,J.
PMU
S.A.(MD)Nos.5 & 6 of 2010
05.04.2022
https://www.mhc.tn.gov.in/judis
https://www.mhc.tn.gov.in/judis
