Amirthammal vs Krishnamoorthy - 2022 Supreme(Mad) 2881

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 2881

C. V. KARTHIKEYAN
Amirthammal – Appellant
Versus
Krishnamoorthy – Respondent

Advocates appeared:
For the Appellants:M. Santhanaraman, Advocate. For the Respondents:R1 to R5, V. Raghavachari, R6, T. Poornam, Advocates.

JUDGMENT

(Prayer: The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S.No.70 of 2000 dated 06.09.2001 on the file of the Principal District Court, Puducherry reversing the judgment and decree made in O.S.No.1382 of 1996 dated 31.03.1999 on the file of the II Additional District Munsif Court, Puducherry.)

1. The plaintiffs in O.S.No.1382 of 1996 on the file of the II Additional District Munsif Court, Puducherry are the appellants herein.

2. They had filed the aforesaid suit originally against one defendant, Neela Ammal seeking a declaration that they are the absolute owner of the suit properties and to direct the defendant to handover the same and for costs of the suit.

3. Pending the suit, the sole defendant, Neela Ammal died and her legal representatives were brought on record as 2nd to 6th defendants.

4. By judgment dated 31.03.1999, the suit was decreed and the defendants were directed to hand over vacant possession within a period of three months.

5. The 4th, 5th and 6th defendants then filed A.S.No.70 of 2000 before the Principal District Court, Puducherry. By judgment dated 06.09.2001, the appeal suit was allowed and the judgment and decree