Madras High Court
E.Kathiresan vs S.Thamilarasan on 8 April, 2022
S.A.(MD)No.105 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.04.2022
CORAM:
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD) No.105 of 2010
and
M.P.(MD) No.1 of 2010
E.Kathiresan .. Appellant/Appellant/
Plaintiff
-vs-
1.S.Thamilarasan
2.Naganathan (Died)
3.S.Annathurai
4.M.Naganathan
5.Panchayat Union President,
Anjamadai, Kachaan Panchayath,
Through its President. .. Respondents/Respondents/
Defendants
6.Mari
7.Maruthupandi
8.Latha .. Respondents
[RR6 to 8 are suo motu impleaded as LRs of the
deceased 2nd respondent vide Court order dated
03.03.2022 made in S.A.(MD) No.105 of 2010]
Prayer :- Second Appeal filed under Section 100 of Civil Procedure Code
to set aside the judgment and decree in A.S.No.18 of 2008 dated
28.07.2009 on the file of the Sub Court, Paramakudi, confirming the
judgment and decree in O.S.No.62 of 2006 dated 29.01.2008 on the file
of the District Munsif Court, Paramakudi.
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S.A.(MD)No.105 of 2010
For Appellant : Mr.A.Sivaji
For R5 : Mr.R.Ragavendran
RR1 & 6 to 8 : Service awaited
Respondent-2 : Died
For RR3 & 4 : No appearance
******
JUDGMENT
The plaintiff in the suit is the appellant in this Second Appeal. The
plaintiff sought declaration and permanent injunction in respect of the
suit property which according to him is his private patta property. The
stand of the defendants was that it is a public pathway. The Courts below
have concurrently held against the plaintiff. The Courts below went
more by the proceedings dated 18.11.1994 issued by the Assistant
Collector, Paramakudi and the survey sketch (Ex.B1).
2. The learned counsel appearing for the appellant would seriously
impeach the value that can be attached to the said documents. However,
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S.A.(MD)No.105 of 2010
when I pointed out that the suit itself may not be maintainable, because
the Government was not added as a party, the learned counsel submitted
that he may be permitted to withdraw the suit itself. Since the suit
suffers from a formal defect, the appellant is permitted to withdraw the
suit itself. All the adverse findings against the appellant stand vacated
because I have permitted withdrawal of the suit itself. The appellant is at
liberty to file a fresh suit on the same cause of action. The Second
Appeal stands disposed of. All the contentions of the appellant are left
open. No costs. Consequently, connected miscellaneous petition is
closed.
08.04.2022
Internet : Yes/No
Index : Yes/No
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.
abr
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https://www.mhc.tn.gov.in/judis
S.A.(MD)No.105 of 2010
G.R.SWAMINATHAN, J.
abr
To
1.The Sub Court, Paramakudi.
2.The District Munsif, Paramakudi.
S.A.(MD) No.105 of 2010
08.04.2022
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