Nagappa Gounder (Died) vs K.V.Duraisamy (Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Mad) 3837

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice R.SAKTHIVEL
Nagappa Gounder (Died) – Appellant
Versus
K.V.Duraisamy (Died) – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.L.Mouli
For the Respondent: Mr.P.Vishnu Manoharan, Mr.Rahul Balaji

JUDGMENT :

R. Sakthivel, J.

This Second Appeal is directed against the Judgment and Decree dated December 11, 2019 passed in A.S.No.41 of 2006 by the 'Subordinate Court, Bhavani' ['First Appellate Court' for brevity], whereby the Appeal Suit was partly allowed and the Judgment and Decree dated November 30, 2004 passed in O.S.No.192 of 2001 by the ‘II Additional District Munsif Court, Bhavani' ['Trial Court' for brevity] was partly modified.

2. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

TRAJECTORY OF THE CASE

3. The plaintiff filed a Suit for declaration, permanent injunction and mandatory injunction. The Trial Court dismissed the same, challenging which, the plaintiff preferred an appeal in A.S.No.41 of 2006 before the First Appellate Court and the same was dismissed on April 27, 2007. Assailing the Judgment and Decree dated April 27, 2007 of the First Appellate Court, the plaintiff approached this Court vide S.A.No.335 of 2008 (earlier Second Appeal).

3.1. During pendency of the earlier Second Appeal, the sole appellant therein / sole plaintiff passed away and hence, the Respondent Nos.1 to 3 herein were brought on