Vijayakumar vs Bhaskar
2024 Latest Caselaw 15924 Mad

Madras High Court

Vijayakumar vs Bhaskar on 16 August, 2024

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                            SA. No.549 of 2024




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 16.08.2024

                                                       CORAM:

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

                                                  SA. No. 549 of 2024
                                                 & CMP 17659 of 2024

                     Vijayakumar
                                                                                 ... Appellant
                                                          Vs.

                     Bhaskar

                                                                           ...Respondent

                     PRAYER : This Second appeal filed under Section 100 of Civil Procedure
                     Code, to set aside the decree and judgment dated 28.03.2024 in AS No. 27
                     of 2019 on the file of the Additional Sub Ordinate Judge, Ponneri
                     confirming the decree and judgment dated 08.04.2019 in O.S No. 216 of
                     2010 on the file of District Munsif Court, Ponneri.


                                     For Appellants : Mr.R.Rajarajan




                     1

https://www.mhc.tn.gov.in/judis
                                                                                       SA. No.549 of 2024




                                                           JUDGMENT

This appeal has been filed to set aside the decree and judgment dated

28.03.2024 in AS No. 27 of 2019 on the file of the Additional Sub Ordinate

Judge, Ponneri confirming the decree and judgment dated 08.04.2019 in O.S

No. 216 of 2010 on the file of District Munsif Court, Ponneri.

2. Challenging the concurrent findings the plaintiff preferred this

appeal. Originally the plaintiff filed the suit for permanent injunction

against the defendant not to interfere with the plaintiff's peaceful possession

of the suit property.

3. The learned counsel for the appellant submitted that appellant is in

possession of the property for more than three decades and also pointed out

that in the year 1994 the defendants' mother issued legal notice reclaiming

the possession of the property in which the defendant admitted his

possession prayed for recovery of possession. Further, the learned counsel

for the appellant submits that in the year 2010 suit in O.S No. 216 of 2010

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

was filed for permanent injunction before the Additional subordinate court,

Ponneri, but not for the relief declaration of title though he claimed all these

years both the Court below clearly observed that in spite of cloud over the

title the appellant failed to claim relief of declaration. Now, the learned

counsel for the appellant submits that still the appellant is in possession of

the property owing to the dismissal of the suit his possession will be

disturbed and in order to prove his continuous possession the appellant

produced xerox copies of Family Card. Now, the appellant is inclined to

proceed with the suit for declaration. This Court is inclined to grant 3

months time to file the suit for declaration until then decree passed by the

Trial Court is not to be operated. Accordingly, this petition is disposed of.

The Trial can decide the matter without influence of this order.

4. In the result, this Second appeal is disposed of. No Costs.

Consequentially, connected miscellaneous petition is closed.

16.08.2024

pbl

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

T.V.THAMILSELVI,J.

Pbl

To

1.The Section Officer, V.R Section.

16.08.2024

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