Madras High Court
Natarajan (Died) vs Periyasamy (Died) on 13 April, 2022
S.A.(MD)No.11 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A.(MD)No.11 of 2010
and
M.P.(MD)No.1 of 2010
1.Natarajan (died)
2.Rajappa
3.Sairam ... Appellants / Respondents / Defendants
4.N.Kannan
5.N.Panneerselvam
6.N.Mahalakshmi
7.N.Mankayarkarasi
8.Esther
9.Renuhadevi
10.Praveen
(Appellants 4 to 10 are suo motu impleaded as Lrs of the deceased
1st appllant vide order dated 21.03.2022)
-Vs-
1.Periyasamy (died)
2.Navalli
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1/5
S.A.(MD)No.11 of 2010
3.Maragathavalli ... Respondents / Appellants / L.Rs of Plaintiff
4.Vanitha
5.Sathish
6.Amutha
(Respondents 4 to 6 are brought on record as Lrs of the deceased
1st respondent vide order dated 04.03.2022 made in C.M.P.(MD)Nos.
8673 & 8674 of 2017)
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, against the judgment and decree dated 31.03.2009 passed in A.S.No.
188 of 2007 on the file of the Principal District Judge, Tiruchirappalli
reversing the judgment and decree dated 30.08.2006 passed in O.S.No.377
of 1995 on the file of the District Munsif Court, Tiruchirappalli.
For Appellants : Mr.M.Saravanan
For R2 & R3 : Mr.S.Kadarkarai
For R4 to R6 : Mr.Raguvaran Gopalan
JUDGMENT
The defendants in O.S.No.377 of 1995 on the file of the District
Munsif Court, Tiruchirappalli filed this second appeal. During the pendency
of the second appeal, the first appellant passed away and his legal heirs
have been brought on record. The original plaintiff had also passed away
and his legal heirs came on record before the first appellate court.
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S.A.(MD)No.11 of 2010
2. The suit was filed for permanent injunction restraining the
defendants from interfering with the peaceful possession and enjoyment of
the suit property. The trial court by judgment and decree dated 30.08.2006
dismissed the suit. Questioning the same, the plaintiff filed A.S.No.188 of
2007 before the Principal District Judge, Tiruchirappalli. By the impugned
judgment and decree dated 31.03.2009, the first appellate court reversed the
decision of the trial court and allowed the appeal and granted decree for
permanent injunction till the plaintiffs are lawfully evicted from the
property. Challenging the same, the defendants have filed this second
appeal.
3. After hearing the learned counsel appearing on either side, I am of
the view that the decree ultimately passed by the first appellate court does
not call for any interference. It is seen that the plaintiffs are in possession
of the suit property. The defendants have not contested the said assertion,
though they would label the plaintiffs as trespassers. Since the plaintiffs are
in possession of the suit property, the defendants cannot be allowed to take
law into their hands and high-handedly evict the plaintiffs. Therefore, I do
not find any ground to interfere with the impugned decree. However, the
first appellate court has gone into the issue of title. In my view, this was
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S.A.(MD)No.11 of 2010
wholly unnecessary. The suit was filed only for the relief of permanent
injunction but both the courts below needlessly went into the issue of title.
The adverse findings against the appellants rendered by the first appellate
court are vacated. The effect of vacating such adverse findings will not
mean that the appellants have proved their title in these proceedings. In
other words, neither the legal heirs of the plaintiff nor the defendants can
take advantage of the outcome of these proceedings. When it comes to the
issue of title, the same will have to establish when the appellants herein file
the suit for recovery of possession in respect of the suit property. The
second appeal is dismissed with the aforesaid liberty and clarification. No
cost. Consequently, connected miscellaneous petition is closed.
13.04.2022
Internet : Yes/No
Index : Yes/No
rmi
To
1.The Principal District Judge, Tiruchirappalli.
2.The District Munsif Court, Tiruchirappalli.
Copy To
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
S.A.(MD)No.11 of 2010
G.R.SWAMINATHAN.J.,
rmi
Judgment made in
S.A.(MD)No.11 of 2010
13.04.2022
https://www.mhc.tn.gov.in/judis
