Baby vs Annapoorani
2022 Latest Caselaw 4276 Mad

                                                          1        S.A.(MD)No.826 OF 2010

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 04.03.2022

                                                  CORAM

                       THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           S.A.(MD)No.826 of 2010

                     Baby                         ... Appellant / Appellant /
                                                         Plaintiff

                                                    Vs.


                     1. Annapoorani

                     2. Selvakumar

                     3. Kasi Muthaiah

                     4. Senthil

                     5. Prema

                     6. Venkatesan

                     7. Chitra

                     8. Geetha                  ... Respondents / Respondents /
                                                      Defendants

                                  Prayer: Second appeal filed under Section 100 of
                     C.P.C., against the Judgment and Decree dated 24.02.2010 in
                     A.S.No.35 of 2006 on the file of the Principal Subordinate
                     Judge, Tanjore, confirming the Judgment and Decree dated
                     16.12.2004 made in O.S.No.123 of 1997 on the file of the
                     District Munsif Court, Tanjore.
https://www.mhc.tn.gov.in/judis
                     1/4
                                                            2        S.A.(MD)No.826 OF 2010

                                  For Appellant     : Mr.G.Mohan Kumar


                                  For R-2 & R-3     : Mr.K.Govindarajan

                                  For R-4           : No appearance.

                                                      ***


                                                  JUDGMENT

The plaintiff in O.S.No.123 of 1997 on the file of the

District Munsif, Tanjore, is the appellant in this second appeal.

2. It is a suit for specific performance. The appellant

had entered into a sale agreement with the first defendant

T.G.Gangadharan. T.G.Gangadharan had only 1/30th share in

the suit property. The sale agreement is dated 27.07.1988. But

the suit itself came to be filed only in the year 1997. It is

hopelessly barred by limitation on the very face of it. That is

why, the Courts below have concurrently dismissed the suit.

The Courts below have also concurrently found that the

appellant had not proved her readiness and willingness. There

is absolutely no scope for interference in the second appeal.

No substantial question of law arises for consideration.

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

3. The decision of the Court below is confirmed. This

second appeal is dismissed.

4. However, the learned counsel appearing for the

contesting respondents states that as a measure of goodwill,

respondents 2 and 3 shall pay a sum of Rs.5,000/- to the

appellant. In my presence, the learned counsel for the

contesting respondents has paid the said amount of Rs.5,000/-

to the learned counsel for the appellant. No costs.

                                                                              04.03.2022

                     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.

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

G.R.SWAMINATHAN,J.

PMU

To:

1. The Principal Subordinate Judge, Tanjore.

2. The District Munsif, Tanjore.

3. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

S.A.(MD)No.826 of 2010

04.03.2022

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