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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Sathish Kumar
Prema – Appellant
Versus
Nallasellam – Respondent
ORDER :
N. Sathish Kumar, J.
Heard the learned counsel appearing for the appellant.
2. According to the learned counsel appearing for the appellant, except Item No.2 and part of Item No.3, he has no other grievance in respect of other properties. It is his contention that the Item No.2 is the separate property of his mother. Similarly, Item No.3, in respect of 72 cents, preliminary decree ought not to have been granted.
3. Taking note of the above submissions, this appeal is admitted for the above limited purpose.
4. Notice to the respondent returnable by 23.06.2025. Private notice is also permitted.
5. In the meanwhile, the registry is directed to call for the records from the trial Court.
6. Till such time, passing of final decree alone is stayed.
7. An attention of this Court has been drawn to a decision of a Hon'ble Division Bench of this Court in the case of V.S.Chandrasekaran vs. R.Uma in A.S(MD).No. 5 of 2025 dated 25.04.2025, wherein, esteemed Brother Judge, Mr. Justice G.R.Swaminathan, who authored the judgment after referring to Karupuchetty's case has observed as follows:
“The Hon'ble Judge after citing quite a few decisions of the Hon'ble Supreme Court (U.P.Avas Evam Vikas Par
Judicial functions related to appeal admissions under Order 41 Rule 11 cannot be delegated to administrative staff but must be performed by the court, as established by substantive provisions of the ....
Judicial functions regarding the admission of appeals under the Code of Civil Procedure must be performed by the court, not delegated to registrars, preserving the integrity of judicial review.
The right to appeal in civil matters is fundamental and must be respected without imposing unnecessary preliminary admission criteria, thus mandates notice upon appeal registration without substantiv....
Court affirmed the Appellate Side Rules over amendments to the Code of Civil Procedure, maintaining that first appeals do not require an admission stage, thus protecting the litigants' right to appea....
The court established that all first appeals under Section 96 of CPC must be posted for admission before the concerned judge, overriding the previous automatic admission practice.
An order reversing a trial court's rejection of a plaint is a remand order, not a decree, thus subject to different appeal provisions.
The court established that an order reversing a trial court's rejection of a plaint is a remand order, not a decree, thus subject to different appeal provisions.
The appellate court must provide a reasoned judgment when dismissing a first appeal, ensuring all issues are adequately addressed to uphold the parties' rights.
Appeal from Original Decree – Explanation to Order XLI Rule 17 CPC also applies in cases where counsel for appellant, though physically present in Court when appeal is called on for hearing, refuses ....
Point of Law : Order XVII prescribes the procedure to be followed by the Court in trial of Suits. The procedure to be followed by appeal Court while hearing an appeal is prescribed in Order XLI CPC.
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