G.Manikandan vs P.Periyasamy
2024 Latest Caselaw 15447 Mad

Madras High Court

G.Manikandan vs P.Periyasamy on 8 August, 2024

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                             S.A. No.525 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED:      08.08.2024

                                                  CORAM:
                                   THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

                                                    S.A. No.525 of 2024
                                                            and
                                                  C.M.P.No. 16897 of 2024

                     G.Manikandan                                           ... Appellant

                                                            Vs.

                     1. P.Periyasamy
                     2. P.Chinnadurai

                     3. The District Collector,
                        Cuddalore.

                     4. The Revenue Divisional Officer,
                        Virudhachalam,
                        Cuddalore Dt.

                     5. The Tahsildar,
                        Tittagudi Taluk,
                        Cuddalore Dt.                                       .. Respondents


                     PRAYER : Second Appeal filed under Section 100 of Code of Civil

                     Procedure, to set aside the judgment and decree dated 24.11.2021 in

                     A.S.No. 23 of 2018 on the file of the Sub-Judge, Tittagudi, Cuddalore

                     1/4

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                                                                                        S.A. No.525 of 2024

                     District confirming the judgment and decree dated 29.06.2012 made in

                     O.S.No.102 of 2012 on the file of Addl. District Munsif Court, Tittagudi.

                                        For Appellant              : Mr.R.Veermani

                                        For Respondents            : Dr.S.Surya,
                                                                     Addl. Govt. Pleader for R3 to R5



                                                           JUDGMENT

The appellant herein is the 4th defendant in the suit preferred this

Second Appeal challenging the findings of the courts below in the Appeal

Suit in A.S.No. 23 of 2018 on the file of Sub-Judge, Tittagudi, Cuddalore

District confirming the judgment and decree passed in O.S.No.102 of 2012

on the file of the Addl. District Munsif Court, Tittagudi, Cuddalore Dt.

2. For the sake of convenience, the parties are referred as per the

ranking in the suit.

3. On perusal of records, it reveals that already the property said to be

purchased by the appellant/4th defendant was sold through court auction in

the year 1972, in which, the plaintiffs/respondents 1 and 2 filed a suit

against their vendor. However, the 4th defendant purchased the property

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subsequently and he claimed right over the property through the settlement

deed, which was said to be executed by his grandmother Thangammal on

22.01.2003. But the fact reveals that the property was already auctioned in

the year of 1972. So, on considering the said fact, this Court also finds that

the 4th defendant has no right over the property. Hence, I do not find any

merit in this Second Appeal and also finds that there is no question of law

arise for consideration. Accordingly, this Second Appeal stands dismissed.

No costs. Consequently, connected Civil Miscellaneous Petition is closed.

                                                                                       08.08.2024

                     Index      : Yes / No
                     Internet   : Yes / No
                     Speaking/Non-speaking order
                     rpp

                     To

                     The Sub-Judge, Thittakudi.






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                                  T.V.THAMILSELVI, J.


                                                      rpp









                                             08.08.2024






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