Kanthamani Ammal vs Santhanakrishnan
2022 Latest Caselaw 10932 Mad

                                                                                    SA.No.783/2005


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED 23.06.2022

                                                       CORAM

                                  THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

                                  SA.No.783/2005 & CMP.Nos.12152, 12153 & 12154/2016

                     Kanthamani Ammal                                         ..       Appellant /
                                                                                        Plaintiff

                                                        Versus

                     1.Santhanakrishnan
                     2.Krishnan                                                ..    Respondents
                                                                                     / Defendants


                     Prayer:-        Second Appeal filed under Section 100 of CPC against the

                     judgment and decree dated 24.11.2003 made in AS.No.75/2002 passed by

                     the learned Principal Subordinate Judge, Chengalpattu District confirming

                     the judgment and decree dated 25.02.2002 made in OS.No.399/1986 passed

                     by the learned District Munsif, Chengalpattu insofar as granting alternative

                     relief of payment of Rs.15,000/- towards the value of the suit property and

                     rejecting the claim for mesne profits are concerned.



                                                           1


https://www.mhc.tn.gov.in/judis
                                                                                    SA.No.783/2005


                                   For Appellant            :     Mr.S.Sathish Rajan
                                   For Respondents          :     No appearance

                                                     JUDGMENT

(1)The Second Appeal had not been admitted. I really wonder why the

Second Appeal had been filed. The plaintiff is the appellant before this

Court. The plaintiff had filed the suit in OS.No.399/1986 before the

District Munsif Court at Chengalpattu seeking declaration of title and

also for recovery of possession and if recovery of possession is not

granted for mesne profit for use and occupation by the defendants @

Rs.15,000/- p.m.

(2)During trial, the suit was decreed by granting the relief of declaration of

title. The relief of recovery of possession was also granted and also the

plaintiff was given the relief of getting the mesne profits from the

defendants. The plaintiff then filed an appeal and the appeal was

naturally dismissed since there was no cause to file the appeal. The

plaintiff then filed the Second Appeal. Again, it has not been admitted

since there is no case.

(3)The plaintiff should take up steps to file necessary Execution Petition to

https://www.mhc.tn.gov.in/judis SA.No.783/2005

put the decree which they have, into effect.

(4)The learned counsel for the appellant states that necessary permission

may be granted to file the Execution Petition. However, there is no point

in granting any permission particularly because the right to file an

Execution Petition is inherent and no permission need be granted. The

appellants to take necessary steps to implead the Legal Representatives in

the Execution Petition, if at all they are advised to do so.

(5)Hence, the Second Appeal is dismissed. Consequently, connected

miscellaneous petitions are also dismissed. The plaintiff / legal

representatives of the plaintiff may take necessary steps in accordance

with law to put the decree into effect by filing necessary Execution

Petition. No costs.

                                                                                           23.06.2022
                     AP
                     Internet      : Yes

https://www.mhc.tn.gov.in/judis SA.No.783/2005

To

1.The Principal Subordinate Judge, Chengalpattu District.

2.The District Munsif Chengalpattu.

3.The Section Officer VR Records, High Court Madras.

https://www.mhc.tn.gov.in/judis SA.No.783/2005

C.V.KARTHIKEYAN, J.,

AP

SA.No.783/2005

23.06.2022

https://www.mhc.tn.gov.in/judis