Madras High Court
K.Elizabeth vs B.Kamarunesa on 5 September, 2022
S.A.No.605 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2022
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.605 of 2022
and
C.M.P.No.12007 of 2022
K.Elizabeth ...Plaintiff/Respondent/Appellant
Vs.
1.B.Kamarunesa
2.J.Rraja
3.J.Anantharaman
4.J.Maheswari
5.J.Sathiyavani
6.J.Chitra
7.J.Devsayanam
8.J.Poongothai
9.J.Queen
10.The Tahsildar,
Egmore,
Nungambakkam Taluk,
Chennai – 600 034. ...Defendants/Appellants/Respondents
1/6
https://www.mhc.tn.gov.in/judis
S.A.No.605 of 2022
PRAYER: Second Appeal filed under Section 100 of the Code of
Civil Procedure against the Judgment and Decree dated 19.11.2019 in
A.S.No.48 of 2019 on the file of the learned III Additional Judge, City
Civil Court, Chennai, by reversing the Judgment and Decree passed in
O.S.No.727 of 2012 dated 19.02.2018 on the file of the learned III
Assistant Judge, City Civil Court, Chennai.
For Appellant : Mr.G.Prem Anand Rao
For Respondent : Mr.Krishna Ravindran
for Mr.A.Charles Darwin
Caveator counsel for R1
JUDGMENT
The Second Appeal arises against the Judgment and Decree in
A.S.No.48 of 2019 passed by the learned III Additional Judge, City
Civil Court, Chennai, in and by which the learned Judge has reversed
the Judgment and Decree in O.S.No.727 of 2012 on the file of the
learned III Assistant Judge, City Civil Court, Chennai. The plaintiff is
the appellant.
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S.A.No.605 of 2022
2.The above suit has been filed by the appellant herein for a
declaration that she is the absolute owner of the suit property and to
declare the registered Sale Deed dated 16.04.2009 executed in favour
of the 1st defendant as null and void and for a permanent injunction
restraining the defendants 1 and 3 to 10 or their men, agents or
anybody acting on behalf of the defendants and interfering with the
peaceful possession and enjoyment of the suit property by the plaintiff.
The suit was decreed and the defendants had filed an appeal in
A.S.No.48 of 2019 on the file of the learned III Additional Judge, City
Civil Court, Chennai.
3.Pending the appeal, the defendants had filed additional
documents which were produced in the open Court and the same had
been received as evidence and marked as Ex.A.21 to Ex.A.23 before
the Lower Appellate Court. The Appellate Court on the basis of the
documents marked as Ex.A.21 to Ex.A.23 has allowed the appeal.
Aggrieved over the same as the Appellate Court has not followed the
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S.A.No.605 of 2022
procedure and permitted the appellants to cross examine the witness
on the documents, the appellant is before this Court.
4.The learned counsel for the appellant would contend that none
of the documents were produced before the trial Court. That apart, the
documents that were filed were only xerox copies of the documents.
The learned counsel for the contesting defendant/caveator would
concede that the procedure has not been followed and the matter may
be remitted back to the Appellate Court.
5.Since the appeal is being disposed of on a preliminary point I
have not discussed the merits of the case. Suffice it to state that the
Judgment of the learned III Additional Judge, City Civil Court,
Chennai, is set aside and the Second Appeal is allowed remitting the
matter back to the Appellate Court for fresh consideration of the First
Appeal and the documents filed shall be received in evidence only
after the Appellate Court hears the objections of the appellant/plaintiff.
Thereafter, the Court shall proceed to dispose of the First Appeal
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S.A.No.605 of 2022
within a period of three months from the date of receipt of a copy of
this Judgment. The Second Appeal is allowed with the above
directions. No costs. Consequently, connected Miscellaneous Petition
is closed.
05.09.2022
Index : Yes/No
Internet : Yes/No
Speaking order / Non speaking order
mps
To
1.The III Additional Judge,
City Civil Court,
Chennai.
2.The III Assistant Judge,
City Civil Court,
Chennai.
3.The Tahsildar,
Egmore,
Nungambakkam Taluk,
Chennai – 600 034.
https://www.mhc.tn.gov.in/judis
S.A.No.605 of 2022
P.T. ASHA, J,
mps
S.A.No.605 of 2022
and
C.M.P.No.12007 of 2022
05.09.2022
https://www.mhc.tn.gov.in/judis
